WHAT IS THE RAMP DOWN TO THE STRUCTURE PARKING? AND SO AGAIN LOOKING AT THE JUST PLAN REALLY WANTED TO ENCOURAGE A BUILDING THAT WAS CLOSER TO 80TH AND A HALF IN KNOX AVENUE TO TRY AND FRAME THE STREETS AND PROVIDE A MORE PEDESTRIAN FRIENDLY ENVIRONMENT THAN WHAT'S THERE TODAY. WALKING ALONG A VACANT LOT REALLY ISN'T THE MOST COMFORTABLE ENVIRONMENT AND FOR THE MOST PART THE THE APPLICATION IS A VERY STRAIGHT FORWARD APPLICATION FROM A GROWTH PERSPECTIVE. THE APPLICATION IS COMPLIANT WITH THE VAST MAJORITY OF STANDARDS THAT WE HAVE INCLUDING SOME OF THE INCENTIVES THROUGH THE OPPORTUNITY HOUSING ORDINANCE. SO I THINK I DIDN'T MENTION ON A PREVIOUS SLIDE BUT THIS THIS DEVELOPMENT WOULD INCLUDE NINE UNITS AFFORDABLE AT A 50% EMI INCOME. SO IT EXCEEDS THE MINIMUM REQUIREMENT. BUT THERE'S REALLY ONLY ONE SMALL THING THAT WE JUST DIDN'T AGREE WITH WITH THE APPLICANT AND THAT IS RELATED TO A PARKING LOT LANDSCAPED YARD AND THAT'S ALONG AMERICAN BOULEVARD WEST AND SO THE CODE STANDARD IS 20 FEET AND VERY FEW LANDSCAPE YARDS IN THIS AREA HAVE A 20 FOOT SETBACK. SO THERE ARE DEFINITELY SOME EXISTING CONDITIONS THAT THAT AREN'T COMPLYING AND THE APPLICANT IS PROPOSING A SIX FOOT AS YOU CAN SEE ON THE IMAGE. SO THE AREA THAT I HAVE HIGHLIGHTED IS THE LANDSCAPE YARD THAT YOU KNOW, WE'RE JUST DISAGREEING ON WHERE A SIX FOOT IS PROPOSED AND THE CODE REQUIREMENT IS 20. SO STAFF IS OUR RECOMMENDATION IS THAT AT LEAST A TEN FOOT LANDSCAPER WOULD BE INCORPORATED INTO THE PLAN AND YOU KNOW, I'LL SHOW A COUPLE IMAGES BUT GENERALLY SPEAKING, YOU KNOW, WE'RE NOT AWARE OF A SCENARIO WHERE WE WERE SUPPORTIVE OF THAT MUCH OF A DEVIATION FOR LANDSCAPE YARD AND WE WANT TO ENSURE THAT THERE'S A SUFFICIENT LANDSCAPE BUFFER BETWEEN THE SIDEWALK AND THE PARKING. BUT THE APPLICANT HAS MADE A GOOD POINT THAT THIS IS REALLY CONSISTENT WITH WHAT'S ALREADY IN THE DISTRICT. SO JUST KIND OF ZOOMING IN A LITTLE BIT ON THAT AREA, THE SETBACKS FROM THE PROPERTY LINE OF SIX FEET, THE BOULEVARD BETWEEN THE BACK OF THE CURB TO THE SIDEWALK IS NINE FEET. I JUST KEEP THAT IN THE BACK OF YOUR HEAD RIGHTCROS THE WAY LOOKING TOWARDS RED LOBSTER IT'S EVEN A SMALLER LANDSCAPE YARD. AND SO THIS IS THESE ARE THE EXISTING CONDITIONS THE BOULEVARD BETWEEN THE BACK OF THE CURB AND THE SIDEWALK IS ONLY SEVEN FEET AND THE LANDSCAPE YARD IS LESS THAN FIVE FEET. SO IT'S EVEN IT'S EVEN SMALLER THAN WHAT THE APPLICANT IS PROPOSING AND IT'S UNDERSTANDABLE THAT THE APPLICANT WANTED THE PARKING TO BE MORE OR LESS IN LINE WITH WHAT'S ALREADY THERE ACROSS THE WAY. SO IT'S A IT'S A PERFECTLY UNDERSTANDABLE REQUEST JUST AS STAFF WE'RE NOT SUPPORTIVE OF THAT. WE THINK THERE SHOULD BE A LITTLE MORE OF A LANDSCAPED BUFFER ALONG AMERICAN BOULEVARD WEST. SO GOING TO THE LANDSCAPE PLAN GENERALLY ONE THING THAT THE APPLICANT DID PROPOSE IN RESPONSE TO OUR CONCERN ABOUT LANDSCAPE BUFFER IS IT'S NOT SHORT ON THIS PLAN BUT A DIFFERENT GRAPHIC SHOWS A FENCE LIKE A SMALL THREE FOOT FENCE TO PROVIDE A LITTLE BIT MORE OF A VISUAL BUFFER BETWEEN THE SIDEWALK IN THE PARKING LOT THAT COULD CERTAINLY HELP. AGAIN, THAT'S NOT SOMETHING THAT THE STAFF WOULD PREFER BUT IT IS SOMETHING THAT THE APPLICANT IS CONSIDERING. BUT OVELLHE LANDSCAPING PLAN MEETS THE QUANTITY STANDARD FOR LANDSCAPING. I'LL HAVE ANOTHER GRAPHIC. THERE'S A LOT OF LOW LYING LANDSCAPING ALONG KNOX AVENUE WHERE THE BRT STATION IS LOCATED SO THERE WOULD BE A MORE PLEASANT ENVIRONMENT YOU KNOW, ACTUAL LANDSCAPING INSTEAD OF JUST WEEDS AND THAT'S WHAT YOU SEE HERE. SO THIS IS ONE OF THE RENDERINGS ON THE RIGHT REAL LIFE NEVER LOOKS AS GOOD AS THE RENDERINGS WHERE THINGS ARE BIG AND LUSH AND GREEN BUT NONETHELESS IT GIVES YOU A FLAVOR FOR WHAT WHAT THIS WOULD LOOK LIKE. YOU KNOW HOW THE BUILDING WOULD RELATE TO THE SIDEWALK AND HOW WOULD RELATE TO THE BUS. THE BRT STATION AND IT LOOKS IN OUR OPINION IT LOOKS REALLY GOOD. SO YOU SEE THAT THE LANDSCAPING WOULD PROVIDE A LITTLE BIT OF A LANDSCAPE BUFFER AND THEN YOU HAVE THE BUILDING. SO IT'S MUCH, MUCH GREATER OF ENCLOSURE COMPARED TO WHAT'S THERE TODAY WHICH IS NOTHING. A COUPLE OF MORE IMAGES ON THE TOP IS THE SOUTH ELEVATION ALONG EIGHTH AND HALF STREET. SO AGAIN YOU'RE SEEING A BUILDING THAT'S PUSHED CLOSER TO THE STREET. THERE'S ALREADY PEDESTRIAN LIGHTING AND SIDEWALK ON SITE WHERE THERE'S THE ANGLED PARKING. BUT AGAIN THIS IS MUCH MORE URBAN IN CHARACTER WHICH IS CONSISTENT WITH THE PAN AMERICAN DISTRICT PLAN AND THE LOWER IMAGE IS A LITTLE A LITTLE BROADER VIEW OF KNOX AVENUE WHERE YOU SEE THE BUILDING AS IT RELATES TO A NEXT AVENUE TO MORE BUILDING ELEVATIONS THAT WERE CLUED IN IN THE MATERIALS THE TOP IS WELL THEY'RE BOTH THEY'RE BOTH NORTH BUILDING ELEVATIONS JUST DIFFERENT VANTAGE POINTS. BUT AS YOU CAN SEE THE'S A THE'S AEDESTRIAN CONNECTION MORE OR LESS IN THE CENTER OF THE SITE BETWEEN AMERICAN BOULEVARD AND THE BUILDING ITSELF. SO THAT'S SOMETHING WE WE REQUIRE AND IT IS INCLUDED IN THE APPLICATION BUT WE THINK IT'S WELL LOCATED AND WITH THAT WE ARE RECOMMENDING APPROVAL AGAIN I WOULD NOTE THAT ONE DISCREPANCY IN TERMS OF THE LANDSCAPING ALTHOUGH WE CAN DISCUSS THAT IS A RECOMMENDED CONDITION OF APPROVAL THAT A MINIMUM OF TEN FOOT LANDSCAPE YARD IS INCLUDED OR THE PLAN IS MODIFIED TO INCORPORATE THAT BUT OTHERWISE STAFF IS SUPPORTIVE OF THE APPLICATION AND THE RECOMMENDED MOTIONS AR BEFORE YOU. THANK YOU FOR THAT QUESTION FOR STAFF ON THIS ITEM COMMISSIONER ABDI THANK YOU. I I'M STILL TRYING TO PUT TOGETHER THE SENTENCE AND SO HERE BEAR BEAR WITH ME FOR A LITTLE BIT I GUESS THE QUESTION THE MAIN THEME I HAVE AND TRYING TO VISUALIZE IS I THOUGHT AMERICAN BOULEVARD ARE THERE POTENTIAL FOR MORE COMMUNITY COMMERCIALLY GUIDED PROPERTIES ON AMERICAN BOULEVARD THAT COULD BE FULLY RE ZONED OR AMENDED TO JUST DO RESIDENTIAL DEVELOPMENT? I THOUGHT SO. I GUESS WHAT I'M TRYING TO ASK IS ARE WE ARE THERE POTENTIAL FOR OTHER SITES TO BE REZONE FOR ALLOWING MORE RESIDENTIAL ON THE CORRIDOR INSTEAD OF SUPPORTING APPLICATIONS THAT ARE LIKE MIXED USE FOR EXAMPLE THAT ALLOW COMMERCIAL AND I DON'T KNOW HOW WALKABLE THIS AREA IS FOR ME TO LIKE SUGGEST YOU KNOW FOCUSING MORE ON MIXED USE PPERT DEVELOPMENT ON THIS SITE BUT I DON'T KNOW IF IF YOU UNDERSTOOD THE QUESTION HERE BUT IS IT A GOOD IDEA TO JUST DO A COMMERCIAL CORRIDOR? I MEAN PREDOMINANT COMMERCIAL QUARTER TO JUST DO DEVELOPMENT THAT IS JUST NOT ALLOWING COMMERCIAL DEVELOP COMMERCIAL USE ON SITE. UNDERSTOOD TO ROHMAN MR. ABDI I THINK I THINK I UNDERSTAND THE COMMENTS BUT I GUESS MY RESPONSE WOULD BE I THINK ALL WE HAVE TO DO IS LOOK NORTH OF AMERICAN BOULEVARD AND SEE TREMENDOUS POTENTIAL FOR REDEVELOPMENT IN A VARIETY OF SECTORS WHETHER THAT'S 100% COMMERCIAL DEVELOPMENT, 100% RESIDENTIAL AND MIXED. SO THERE IN TERMS OF LAND AVAILABILITY, I DO NOT BELIEVE THAT'S AN ISSUE TO SUPPORT A VARIETY OF DIFFERENT TYPES OF DEVELOPMENT TYPES. BUT WE DO THINK THAT FOR THIS SITE IN PARTICULAR HAVING A 99 UNIT APARTMENT BUILDING RIGHT ALONG A TRANSIT LINE IS AN APPROPRIATE IS AN APPROPRIATE PHASE OF DEVELOPMENT IN THIS IN THIS AREA. AND SO WE ARE WE'RE SUPPORTIVE OF THE OF THE PLANNED CHANGE MOVING FORWARD. OUR HOPE IS THAT SOUTH TN WILL HAVE PHASE REDEVELOPMENTS OF ITS OWN AND WE CAN HELP WORK THROUGH WHAT THAT WOULD LOOK LIKE. JUST A QUICK FOLLOW UP IN TERMS OF LIKE THE DOES THE CITY OF BLOOMINGTON SUPPORT WHETHER IT'S COMMERCIAL OR RESIDENTIAL LIKE MOVING CLOSER TO THE BUILDINGS? IS THAT SOMETHING THAT I THINK WAS DISCUSSED BRIEFLY ABOUT THE THE LYNDALE AND I THINK WE MIGHT GET INTO THAT BUT THE LYNDALE DISTRICT AREA LIKE HAVING MORE COMMERCIAL ON THE STREET LEVEL OR LIKE PROPERTIES BUILT CLOSER TO THE STREET AND MAYBE HAVING PARKING IN THE BACK. WAS THENY DISCUSSIONS ABOUT WHETHER MOVING PARKING TO THE BACK OR IS IT BECAUSE THIS PROPERTY IS RESIDENTIAL? IT WAS MORE CONVENIENT, A SAFER OR WHATEVER THE TERM MAY BE TO HAVE PARKING MORE IN THE FRONT THEN I WOULD EXPECT I SEE SOME OF THOSE SOME OF THE STEPS IN DEVELOPMENT MORE IN MINNEAPOLIS WHERE YOU KNOW IT'S ENCOURAGED MORE TO ALWAYS HAVE BUILDINGS RIGHT ON THE PROPERTY LINE ON THE STREET SIDE THEN AND THEN ALLOW PARKING IN THE BACK WERE INCORPORATED INTO THE DEVELOPMENT THERE IS AMPLE LAND HERE BUT WAS THERE ANY DISCUSSION TO ENCOURAGE PARKING IN THE BACK AND HAVING FRONT FACING PROPERTY AND PARKING? SURE. THAT'S YOUR OWN CRUSHER ABDI YOU KNOW USING THE GUIDANCE IN THE DISTRICT PLAN THAT'S KIND OF WHAT WE DID IT EIGHTIES AND HALF IS REALLY A PRIORITY IN TERMS OF HAVING BUILDINGS CLOSER TO THE STREET AND SO STAFF IN OUR DISCUSSIONS THE APPLICANT PRIORITIZED PUSHING THE BUILDING CLOSE TO KNOX AND EIGHTIES AND A HALF AMERICAN BOULEVARD IS REALLY TERTIARY IN ITS YOU KNOW, HIERARCHY OF IMPORTANCE GIVEN THAT YOU KNOW, THERE IS A LOT OF SURFACE PARKING ALONG AMERICAN BOULEVARD IN THE CITY OF BLOOMINGTON AND EIGHT AND A HALF IS UNIQUE IS THAT IS INNDED T BEORE PEDESTRIAN ORIENTED WITH ANGLED PARKING, WIDER SIDEWALKS, PEDESTRIAN LIGHTING, LANDSCAPING AND OUR PREFERENCE WOULD HAVE BEEN FOR A MORE LIKE L-SHAPED BUILDING AS IDENTIFIED IN THE STAFF REPORT SO THAT KNOX AVENUE HAD MORE OF A BUILDING ENCLOSURE AND THEN PARKING WOULD BE KIND OF BEHIND THE WELL IF YOU WILL. BUT YOU KNOW, I THINK GIVEN THE THE PRIORITIES OF THE DISTRICT PLAN AND JUST THE NEED FOR SOME SURFACE PARKING TO MAKE THE PROJECT WORK, THE SURFACE PARKING INEVITABLY WAS GOING TO BE ALONG AMERICAN BOULEVARD. COMMISSIONER ALBRECHT THANK YOU CHAIR MY QUESTION IS ABOUT PARKING SPECIFICALLY WHAT IS THE PARKING RATIO OF THE BUILDING AND I MAY HAVEISSE IT BUT IS THERE UNDERGROUND PARKING? THERE IS A GERMAN COMMERCIAL OVER I CAN SHOW YOU THE FLOOR PLAN IF YOU'D LIKE TO SEE WHAT THAT WILL LOOK LIKE BUT YES I'M SORRY. THERE IS ONE LEVEL OF STRUCTURED PARKING 50 STALLS AND SO THAT THAT DOES MEET THE CODE REQUIREMENT ONCE THE OPPORTUNITY HOUSING ORDINANCE INCENTIVES IS TAKEN IN CONSIDERATION WHERE THEY ARE THEY'RE ALLOWED A REDUCTION AND WITH THAT THE REQUIREMENT IS 50 STALLS SO THEY'RE MEETING THAT REQUIREMENT. BUT YEAH THERE IS ONE LEVEL OF STRUCTURE PARKING THERE ARE WATER TABLE ISSUES WITH THE SITE SO HAVING TWO LEVELS OF STRUCTURE PARKING FOR EXAMPLE WOULD HAVE BEEN COST PROHIBITIVE AS BECAUSE ESSENTIALLY WOULD HAVE TO GO UP AND STRUCTURE PARKING IS IS VERY EXPENSIVE AND SO IT PROBABLY WOULDN'T HAVE ALLOWED THIS PROJECT TO MOVE FORWARD. BUT IN TERMS OF THE RATIO OF PARKING, YOU KNOW I DON'T KNOW I COULD TRY TO DO SOME MATH IN MY HEAD BUT I WOULD FAIL. I WANT TO CAN SAY IS THAT IT'S ACTUALLY YOU KNOW ONCE WE HAVE THE ONCE WE TAKE THE OCEAN CENTER THEN APPLY IT THIS SITE ACTUALLY EXCEEDS THE MINIMUM BY BY A FAIR AMOUNT BY 21 STALLS WHICH IS WHICH IS PRETTY RARE. WE TYPICALLY DON'T SEE THAT WE'RE USUALLY REVIEWING REQUESTS TO GO BEYOND WHAT THE ORIGINAL INCENTIVE IS AND SO THAT'S A LITTLE UNIQUE AND THAT THERE ARE STALLS TO LOSE IF YOU WILL. JUST AS A FOLLOW UP TO THAT, THE DISTRICT ARE THEY I WONDER ANECDOTALLY ARE YOU HEARING FROM THEM THAT THEY FEEL LIKE THEY ARE THEY HAVE ENOUGH PARKING FOR THAT SITE OR IS THERE ENOH OVERFLOW THAT THOSE SLANTED PARKING SPOTS ARE TAKEN UP ALL THE TIME? SURE, JEROME AND COMMISSIONER ,ANECDOTALLY I HAVEN'T HEARD IN ONE WAY OR ANOTHER ABOUT THE DISTRICT YOU KNOW, VISITING THIS MORNING AS WAS TAKING PICTURES THE VAST MAJORITY OF THE NORTH SIDE OF 80 THAN HALF WAS VACANT AND THE IN-CAR TWO HERE AND THERE WHICH I THINK IS THE INTENT IS THAT THE THOSE STALLS ON THE NORTH SIDE OF THAT STREET WERE INTENDED TO BE DELEGATED FOR THIS PHASE OF DEVELOPMENT. AS YOU CAN SEE IN THE AERIAL IMAGE HERE, IT DOES GET USED CERTAINLY BUT I THINK OVERALL GOING TO IF YOU'VE HEARD MORE ABOUT IT BUT I BELIEVE THAT THERE'S THERE'S SUFFICIENT PARKING TO SERVE THE NEEDS OF THE DISTRICT . QUESTION I JUST SHOULD HAVE THOUGHT ABOUT THAT MAYBE I'M MORE OF A QUESTION FOR OUR COLLEAGUES IN ENGINEERING PERPENDICULAR PARKING IT TAKES A CERTAIN LENGTH ANGLED PARKING I ASSUME IS LESS LENGTH THAT ACCURATE OR IS THAT NOT ACCURATE AT YOUR HOME AND YOU'RE TESTING MY KNOWLEDGE I'M AFRAID I DON'T I DON'T RECALL THE EXACT DIMENSIONS BUT GENERALLY SPEAKING YOU REALLY DON'T SAVE SPACE WITH ANGLED PARKING. AND AGAIN THE REASON I WAS ASKING AUNDHE DISCUSSION PHASE BUT KIND OF THE QUESTION OF WOULD THE ANGLED PARKING GIVEN THAT IT'S OVER PARKED AND WE HAVE LOTS OF ISSUES WITH OVER PARKING IN THE CITY AND WE'RE NEXT TO A MAJOR ARTERIAL BUS LINE WOULD THE ANGLE PARKING POTENTIALLY BE A WAY TO ACHIEVE THAT ADDITIONAL YARD FRONT YARD IF YOU WILL? THAT'S A ROHMAN. I DON'T THINK SO. AND THE REASON I DON'T IS THE STALLS THAT ARE IDENTIFIED IN THAT AREA THEY'RE ALREADY COMPACT. THEY'RE ALREADY COMPACT MENSNS. SO 16 FEET IN DEPTH I REALLY DON'T THINK THERE WOULD BE ANY SPACE SAVINGS BY DOING ANGLED LOOK OR OTHER QUESTIONS FOR STAFF. THANK YOU VERY MUCH. THE APPLICANT LIKE TO SPEAK ON THIS ITEM . GOOD EVENING MY NAME IS RYAN DONNELLY. I WORK WITH STEWARD DEVELOPMENT CORPORATION. WE ARE A DEVELOPER AND OWN AND NAGEPARTMENTS THROUGHOUT THE TWIN CITIES. WE'VE BEEN WORKING IN THE PAN AMERICAN DISTRICTS SINCE 2007. WE FIRST HAD GENESEE AND THEN MOST RECENTLY AND DEVELOP THE GROCERY STORE AND RETAIL THERE AND THEN MOVED ON TO THE DISTRICT BACK IN 2018 19 AND SO THIS SITE WAS LEFT AND SO WE WORKED HARD WITH STAFF TO TRY TO TWEAK IT TO WHERE WE COULD BRING YOU A PLAN TONIGHT THAT KIND OF FIT THE THE THE DISTRICT PLAN AND ZONING AND I THINK PLANNING AND AND STAFF FOR THEIR TIME ON THAT AS FAR AS THE PARKING GOES I KNOW THAT WE DISCUSSED KIND OF A LITTLE BIT ABOUT THE UM THE DESIGN REASONS WHY WE WANTED IT AND THE LINEAR PARKING AND THE EXISTING BUT I ALSO WANT TO TALK ABOUT JUST THE DEMAND WE'VE BEEN IN THIS AREA AND WE KNOW WE KNOW OUR BUILDINGS AND WHAT WE NEED TO PARK AND IT'S RARE HE'S RIGHT THAT I DON'T COME IN HERE AND SAY CAN I HAVE A REDUCTION IN PARKING THAT'S TYPICALLY A WAY TO SAVE SOME MONEY. BUT WITH THIS PROJECT IN THIS AR AND THE ADDING OF THE ORANGE LINE WE FEEL THAT THESE WHAT WOULD YOU KNOW 21 STALLS THAT WE'RE TALKING ABOUT WITHIN THE SURFACE PARKING LOT ARE NECESSARY FOR THIS PROJECT THE 23 STALLS ALONG 80TH AND A HALF RIGHT NOW COULD POTENTIAL ONLY ONCE THE ORANGE LINE IS AT FULL CAPACITY. SOME OF THOSE STALLS COULD BE TAKEN DURING THE DAY FOR PEOPLE THAT RIDE YOU KNOW, PARK AND RIDE IT'S NOT SUPPOSED TO BE THAT BUT IT'S TOUGH TO POLICE AND SO WE DON'T WANT TO BE IN A POSITION WHERE JUST BECAUSE WE ARE AND WE'RE PROVIDING PRETTY MUCH PER CODE PARKING ON THIS PLAN HERE AND WE'RE JUST NOT TAKING THE SERVICE PART REDUCTION THAT COMES WITH THE OPPORTUNITY HOUSING. SO WE FEEL WHAT WE'RE ASKING FOR IS WHAT WE NEED BECAUSE WE DON'T THE LAST THING WE WANT TO DO IS HAVE SOMETHING THAT ISN'T HAPPENING NOW LATER AFFECT NOT ONLY THIS PROJECT BUT THE DISTRICT AND RED LOBSTER AND SO IT'S A LITTLE BIT PREVENTATIVE BUT YET WE FEEL THAT WE HAVE THE NEED FOR THIS PARKING FOR JUST THIS DEVELOPMENT ALONE. SO I MIGHT BE BACK SOME OTHER DAY ASKING FOR A REDUCTION OF PARKING BUT THIS ONE BUILDING TO CODE MAKES SENSE FOR US AS OPERATORS AND I THINK IT BENEFITS OUR OUR PROJECT HERE AND THE PAN AMERICAN DISTRICT AS A WHOLE. BEING SHORT IS NOT SOMETHING THAT WE WANT TO END UP WITH AND FOR OUR RESIDENTS TO HAVE TO DEAL WITH AND DRIVE AROUND AND LOOK FOR PARKING EITHER. SO THAT'S KIND OF THE BAS BEHI THAT. WE BROUGHT TOGETHER THE SAME KIND OF TEAM AND ARCHITECT FOR THIS PROJECT WE WERE WE'VE WORKED WITH THE SGA SINCE 2008 ON THE THREE PROJECTS TO FORM SOME CONSISTENCY THROUGHOUT THE DISTRICT AND I THINK THEY DID A GREAT JOB WITH WHAT WE HAVE PLANNED HERE AND AGAIN THANKS FOR YOUR CONSIDERATION TONIGHT AND WE'VE GOT OUR TEAM AVAILABLE ON AND IT LOOKS LIKE MOST OF THEM ARE ON THE PHONE AS WELL. AND THEN NEAL' HERE TO TALK ABOUT ANY SPECIFICS IN THE DESIGN. BUT WE LIKE THE AREA WE'VE BEEN HERE WE OFFICE NEAR HERE AND THE WALKABILITY THAT YOU TALKED ABOUT WE'VE WE'VE SPENT IN EACH PROJECT WITH THE WIDE SIDEWALKS AND AND GETTING SOME RETAIL DOWN AT THE OTHER END AND SO WE'VE SET THIS UP TO DO WHAT THE ORIGINAL PLAN IS AND AND PEOPLE IT'S BEEN WELL RECEIVED. I MEAN PEOPLE LIKE THE AREA AND THE PROJECT SO FAR. SO TO BRING IT ANOTHER 99 UNITS WITH SOME AFFORDABILITY WE'RE LOOKING FORWARDO DO THAT. THANK YOU. QUESTIONS FOR THE APPLICANT COMMISSIONER ABDI JUST THAT PROBABLY HAS NOTHING TO DO WITH THE SPECIFIC APPLICATIONS BEFORE US BUT FOR THE IMAGE BEFORE US RIGHT NOW LIST THE AFFORDABILITY UNITS SINCE WE'RE TALKING ABOUT PARKING ARE THE UNITS ARE YOU CHARGING FOR PARKING FOR THE DEVELOPMENT OR IS THAT SO WE'VE GOT THE 52 STALLS BELOW AND MARKET DEPENDING ON MARKET I MEAN THIS IS TWO YEARS AWAY FROM PROBABLY YOU KNOW ONCE YOU GET APPROVALS AND TO BUILD IT SO AT THE DISTRICT WE DO CHARGE FOR FOR PARKING I THINK IT'S $75 MARKET HAS IN RECENT YEARS HAS GONE TO CHARGING FOR PARKING EVEN OUT IN THE SUBURBS A LITTLE MORE IT WAS CONCENTRATED DOWNTOWN BUT YOU'RE SEEING IT ON MOST NEW DEVELOPMENTS WHERE THERE IS A FEE. SO YEAH THERE'LL BE A CHARGE I DON'T KNOW THEM OUT YET BUT FOR THE 52 STALLS BUT DOESN'T MEAN YOU HAVE TO TAKE THEM BECAUSE WE'LL HAVE SURFACE CARS ENOUGH TO HANDLE THAT AS WELL. OKAY . IT'S NOT SO MUCH A QUESTION AS A COMMENT BUT I WOULD ENCOURAGE YOU TO MONITOR THE PARKING SITUATION IF IT MEANS THAT YOU NEED TO EVENTUALLY INSTALL SOME YOU KNOW, CARD QUEUE GATES OR SOMETHING BECAUSE THE HEIGHTENED RIDE IS WHAT AS WELL IS A THING AND GIVEN THAT THE WE INTEND FOR PEOPLE TO BE PARK AND RIDE ON THE OTHER SIDE OF THE FREEWAY AND AND SO GIVEN THAT YOU ARE THE THE PRIMARY LANDLORD IN THIS AREA, I WOULD MONITOR THAT BECAUSE I THINK IT IS IMPORTANT FOR THE RESIDENTS TO HAVE THEIR GUESTS AND IF THAT MEANS THAT WE YOU KNOW, THE CITY NEEDS TO BE ASKED AT SOME POINT TO EXAMINE IFHE IDEA THAT THEY HAVE STREET PARKING BECOMES SO WHICH IS THE THING THAT HAS TO BE TIME LIMITED. I DON'T KNOW WHAT THE ANSWERS ARE AND WE MAY NOT BE A PROBLEM ANYTIME SOON BUT MY ONLY MY ONLY RECOMMENDATION AS LONG AS WE'VE GOT YOU IS JUST TO ENCOURAGE YOU TO KEEP AN EYE ON THAT BECAUSE I DIDN'T WRITE IS A THING I WAS I WAS AWARE OF THAT ONE. SO IN OUR AREA AGREEMENT THAT WE DID WITH THE HRA AND THE AND THE NEIGHBORS WE DO HAVE A CLAUSE IN THERE THAT FOR THE HEIGHTENED RIDE AND IT'S JUST TOUGH TO POLICE YEAH BUT WE CAN SIGN IT. WE HAVEN'T DONE THAT YET BECAUSE WE HAVEN'T SEEN AN ISSUE BUT AGAIN I DON'T THINK ORANGE LINE IS UP TO ITS FULL CAPACITY RIGHT NOW SO AND WHEN I SAY FORWARD THINKING, YOU KNOW I DON'T KNOW WHAT RED LOBSTER IS ONE DAY. I DON'T KNOW HOW MANY RIDERS ARE GOING TO BE ON THERE. SO THAT'S KIND OF WHY I'M PUSHING FOR THESE 15 STALLS JUST TO JUST TO LIKE I SAY SOME DAY THAT MAY INVOLVE, YOU KNOW, AGAIN A GATE AT YOUR LOT THAT YOU'RE RESIDENTS CARD IN . I DON'T KNOW WHAT THAT LOOKS LIKE BUT JUST THAT'S JUST A WHILE WE'RE HERE WE CAN GIVE IT ADVICE WELL NOTE IT THANK YOU FOR THEIR QUESTIONS FOR THE YES COMMISSIONER ALBRECHT THANK YOUHAIR MY QUESTION IS RELATED BACK TO THE STAFF REPORT MOVING FROM A SETBACK OF SIX FEET TO 20 OR FROM 20 FEET TO SIX FEET EXCUSE ME AND THEN BACK TO TEN FEET. I'M CURIOUS WHAT YOU HAVE YOU'VE OBVIOUSLY BEEN AWARE OF THE CONDITION AND WHAT DOES THAT MEAN FOR THE PROJECT? WELL, THAT'S WHAT WE'RE THE 15 STALLS IN THAT CORNER WHERE THE THAT THAT'S WHATE'RE TALKG ABOUT I THINK BY PUTTING THAT BUFFER AND I THINK WE LOSE THOSE STALLS AND THAT'S WHERE WE'RE NOT ONLY IN THE DESIGN AND THE ALIGNMENT BUT THE NEED IS WHAT I'M TRYING TO KEEP THROUGH SOME ENCROACHMENT AGREEMENT OR SOMETHING. IF YOU LOOK ALL THE WAY DOWN AMERICAN BOULEVARD ON BOTH SIDES THAT THAT LIKE YOU MENTIONED THAT BUFFER ISN'T REALLY THERE ON ANY OF THE DEVELOPMENTS AND AS CLOSE AS RED LOBSTER ALL WE'RE DOING IS JUST LINING UP THE OTHER SIDE OF THAT PRIVATE DRIVE. SO VISUALLY IT APPEARS TO WORK AND I AND I GET THAT YOU KNOW, THEY'D LIKE TO SEE THIS THIS BUFFER BUT IN THIS INSTANCE WE'RE ASKING FOR AN ENCROACHMENT AGREEMENT JUST TO GET THAT PARKING IN AND NOT DO THE BUMPER AND HAVE IT LINE UP ANY OTHER QUESTIONS. THANK YOU. THANKS. THIS ITEM IS A PUBLIC HEARING SO I WILL OPEN THE PUBLIC HEARING. ANYONE IN THE CHAMBER WHO WOULD LIKE TO SPEAK ON THIS ITEM? ANYONE ONLINE? TRUMAN LET'S CHECK WITH TWO CALLERS. CALLER WAS STARTING THE IT IS 714I WANT YOU NOW. ARE YOU INTERESTED IN SPEAKING ON THIS ITEM? YEAH. I MEAN AND THERE GETS MORE QUESTIONS AND I APOLOGIZE. I'M REALLY UNFAMILIAR WITH THIS PROCESS AS A WHOLE AND I BELIEVE THE GENTLEMAN ANSWERED MY QUESTION. BUT YOU KNOW, WHAT STAGE ARE WE IN ? HAS THIS BEEN APPROVED AND IF SO, HOW LONG WILL IT TAKE FOR BUILDING TO ACTUALLY START WAS AT THE TWO YEARS THAT HE QUOTED. SO FIRST ACTUALLY TAKE A STEP BACK AND I'M GOING TO ASK YOU TO IDENTIFY YOURSELF FOR THE RECORD. OH, MICHAEL GONZALEZ A TENANT INSIDE THE PROPERTY WE OWNED THE MASSAGE AND BE ON LOCATION THERE . I WANT TO CLARIFY IF WE HAVE THE RIGHT LOCATION YOU MEAN ADJACENT OR NEARBY HERE, IS THAT CORRECT? OKAY. BECAUSE AS I SAY, THE LOCATION NOW IS AN EMPTY LOT. SO I WANT TO CONFIRM GENERALLY WE IT'S NOT A QUESTION TO ANSWER BUT I ONCE WE GOT YOU THAT WE HEARD THAT THE APPLICANT EXPECTS THE PROJECT TO BE FINISHED CONSTRUCTION IN APPROXIMATELY TWO YEARS. OKAY GREAT . GO AHEAD. SACHA ROHMAN YEAH. YOU KNOW THAT WE'RE IN TERMS OF THIS THE TIMELINE OF THE WHOLE PROCESS YOU KNOW THEY'VE APPLIED WE'VE WE'RE WE HAVE WE'RE IN A PUBLIC HERE RIGHT NOW WITH A PLANNING COMMISSION. THERE'S STILL ANOTHER MEETING WITH CITY COUNCIL. THEY'RE THE ULTIMATE DECISION MAKER. SO JUST FOR THE BENEFIT OF THE CALLER, THERE'S STILL SOME PUBLIC PROCESS YET TO BE HAD THEN THERE'S USUALLY A PERIOD WHERE THEY'VE THEY'RE DOING FINANCING, THEY'RE DOING THE NUMBER CRUNCHING AND SO YOU KNOW, WE'D LOOK TO THE APPLICANT BEST CASE WHEN THEY WOULD START CONSTRUCTION. BUT YOU KNOW, IT MAY NOT BE FOR A YEAR OR UNTIL NEXT SPRING, YOU KNOW, UNTIL THEY ACTUALLY START PHYSICAL CONSTRUCTION OF THE PROJECT. DO YOU HAVE ANY OTHER COMMENTS ON THIS ITEM? NO, THANK YOU. ALL RIGHT. YES, JOSEPH REIF, I WILL MEET YOU NOW TO SEE IF YOU HAVE ANY COMMENTS ON THIS ITEM. NOTHING TO ADD. THANKS. CAN WE EXHAUST OUR LIST WE HAVE. ALL RIGHT. UH, I THINK HAVING HEARD PUBLIC TESTIMONY AND A MOTION TO CLOSE THE PUBLIC HEARING SO MOVED SECOND. THANK YOU. A MOTION THE SECOND TO CLOSE THE PUBLIC HEARING DISCUSSION. ALL THOSE IN FAVOR SAY I I OPPOSED A PUBLIC HEARING IS CLOSED DISCUSSION ON THE ITEM AND THE SERIES OF RECOMMENDATIONS. THANK YOU, CHAIR. I DON'T HAVE REALLY MUCH TO ADD IN SUPPORT OF THE APPLICATION AS PROPOSED AND READY TO MOVE WHENEVER WE'RE READY. THANKS. UM I THINK THE IT SEEMS LIKE A GOOD PROJECT. IT MIGHT HAVE BEEN NICE TO HAVE SOME RETAIL ON THIS END BUT I ALSO KNOW THAT THE RETAIL ON THE OTH END IS IS BUSY BUT NOT YOU KNOW NOT AS BUSY. I MEAN THERE'S THAT AREA IN THE MIDDLE WILL EVENTUALLY REDEVELOP OVER TIME AND THAT MAY FILL IN THERE. WE DON'T HAVE ANY RESIDENT OR RETAIL ON THE SOUTH SIDE OF 80TH AND A HALF SO IT'S NOT INCONSISTENT WITH WHAT'S THERE ALREADY. AND I THINK THAT ON THE COMMISSION WHEN WE SAW A DIFFERENT PROPOSAL FOR THIS SITE WHICH I REMEMBER WAS QUITE THE DISCUSSION THIS IS A SIGNIFICANT IMPROVEMENT. SO I AM IN SUPPORT OF THESE ITEMS. MR.. ALBRECHT THANK YOU, CHAIR. I AM STRUGGLING WITH THIS TEN FOOT SETBACK AND PRIMARILY BECAUSE I DON'T KNOW WHERE THE TEN FEET IS COMING FROM. IT SEEMS LIKE IT'S A LITTLE OUT OF NOWHERE GIVEN THAT SIX IS CONFORMS WITH THE RED LOBSTER PLOT AND TWO IS CODE . SO PERSONALLY I TNK THAT IT SHOULD BE EITHER SIX OR 20 MAYBE CENTER IS SOMETHING ELSE AND COMMISSIONER ALBRECHT THERE'S NO MAGIC BEHIND THE TEN FOOT NUMBER. IT'S SOMETHING THAT WE HAVE SEEN TO BE AT LEAST IN OUR FROM OUR PERSPECTIVE SUFFICIENT ENOUGH OF A BUFFER TO SUPPORT LANDSCAPING OVER A LONG PERIOD OF TIME WHEREAS THE NARROWER IT GETS, THE MORE THE HIGHER THE LIKELIHOOD THAT LANDSCAPING STRUGGLES ESPECIALLY ALONG PUBLIC STREETS WHERE THERE ARE ASSAULTS, SNOW JUST GETS BEAT UP AND SO HAVING A LITTLE BIT MORE OF A BUFFER I THINK GIVES THE PLANTINGS MORE CHANCE OF SUCCESS. BUT WHETHER IT'S TEN FEET, 11 FEET, NINE FEET, YOU KNOW THERE'S NO MAGIC BEHIND THAT NUMBER. YEAH. CHAIRMAN COMMISSIONER ALBRECHT, ONE THING TO POINT OUT TO ON THAT MATTER IS THAT EVEN AT TEN FEET YOU STILL COULD HAVE PARALLEL PARKING STALLS COULD NO LONGER HAVE 90 DEGREE STALLS BUT PARALLEL STALLS WOULD BE POSBLEO THE NUMBER OF STALLS WOULD GO DOWN BUT IT WOULDN'T GO FROM 15 TO 0 . IT'S SPREAD OUT AND THAT THAT WAS ONE OF THE ITEMS THAT WAS IN THE IN THE REPORT I GUESS I'M IN ALIGNMENT WITH WHAT YOU'RE TALKING ABOUT. COMMISSIONER ALBRECHT IS SIX OR 20 IF YOU WILL BECAUSE I YOU KNOW, ALTHOUGH SOMEDAY THE RED LOBSTER WILL REDEVELOP WE DON'T KNOW IF THAT WILL BE IN A YR O 20 YEARS AND IT DOES. FROM THE PHOTOS WE SAW, IT DOES APPEAR THAT THE RIGHT KIND OF VEGETATION CAN DO WELL. SO BUT AS WE HEARD AT THE OTHER END OF THE PROPERTY WE HAVE VEGETATION THAT HAS NOT TREES THAT WE HAVE TO THE OTHER APPLICANT HAS TO REPLACE WHICH RAISES A SEPARATE ITEM THAT I'LL BRING UP LATER ABOUT HOW WE DO OR DON'T FOLLOW UP OVER TIME ON LANDSCAPE REQUIREMENTS IN COMMERCIAL AREAS BUT I DON'T HAVE A PROBLEM WITH THE PROPOSAL THAT WHAT THE APPLICANT IS PROPOSING GIVEN WHAT'S ADJACENT AND GIVEN THAT THE FAR END OF THE LOT HAS A SIGNIFICANT AMOUNT OF A FRONTAGE. COMMISSIONER ALBRECHT THANK YOU CHAIR. I, I ALSO AM KIND OF SWAYED TOWARDS THE SIX FEET ONLY I WOULD FEEL DIFFERENTLY IF THE BUILDING WAS ON THE NORTH END OF THE SITE BECAUSE I DO THINK THAT THAT VEGETATION BUFFER IS IMPORTANT BUT WITH PARKING LESS SO PARTICULARLY BECAUSE IT IS COMMERCIAL ACROSS THE STREET AND ALSO SURFACE PARKING ACROSS THE STREET. SO I'M EITHER AT MY SUGGESTION AND MY THOUGHT WAS EITHER WE DECIDE TO DO SIX FEET OR WE DECIDE TO DO 20 FEET AND GO WITH WHAT THE CODE SAYS. DO YOU HAVE A LEANING? I HAVE A LEANING TOWARDS SIX FEET. I COULD BE LEAN TO THAT WAY AS WELL. COMMISSIONER OPTED YOU HAVE ANY THOUGHTS OR I DON'T HAVE TIME TO JUST I THINK THE MORE YOU SPOKE I DON'T KNOW IF I'M GETTING OR THINKING THIS BUT WE'RE TALKING ABOUT THE AMERICAN BOULEVARD SITE RIGHT AND JUST THE FIRST HALF OF IT THE LITTLE STRIP, RIGHT. THE YELLOW SIDE. YEAH. I THOUGHT THE MRS. CINCINNATI WAS SAYING THAT THE SIX FOOT IS CONSISTENT WITH EXISTING SIDEWALKS ON THE OTHER SIDE. SO FOR ME I WAS COOL WITH THAT I THE DISTRICT MIGHT REQUIRE 20 FEET BUT I THINK WITH THE HOW IT'S SHOWN IF YOU REQUIRE 24 TO JUST LOOK OFF CONSIDERING THE SHAPE OTHE LIGHT AS WELL THIS I WAS FINE WITH SIX FEET UNLESS YOU'RE YOUR PERELMAN CURSOR TO THE RIGHT ACROSS THE PRIVATE DRIVE THE ENTRANCE WAY THE AT THE RED LOBSTER IT'S JUST SLIGHTLY NARROWER THAN WHAT THE APPLICANT IS PROPOSING BEFORE YOU JUST FOR TO MAKE SURE WE'RE VERY CLEAR ON IF AND WHEN YOU MAKE A MOTION FOR THE LAST MOTION RELATED TO THE PRELIMINARY FINAL DEVELOPMENT PLANS IF THAT'S THE THAT'S THE WAY YOU ARE SWAYED JUST TO MAKE SURE WE'RE CLEAR ON WHAT THE RECOMMENDATION IS IF YOU WANT TO JUST ACCEPT WHAT THE APPLICANT'S PROPOSING OR ENCOURAGE YOU TO STRIKE RECOMMENDED CONDITION NUMBER FOUR RIGHT. SO WE'RE CAR ONHAT THE RECOMMENDATION IS THAT WOULD BE FOR THE THIRD MOTION, CORRECT? CORRECT. YEAH. OKAY. SO FURTHER DISCUSSION OR IF ANYONE WOULD LIKE TO START A SERIES OF MOTIONS QUESTION ALBERT FOR ONE MORE COMMON THANK YOU. ONE MORE COMMENT TO MAKE. I DO APPRECIATE THAT STAFF IS LOOKING AT INCREASING THE VEGETATION ON THE SITE. I DO THINK THAT IT IS IMPORTANT SO I DON'T I DON'T WANT TO NEGATE THE FACT THAT TEN FEET I UNDERSTAND THE GOAL OF TEN FEET. I JUST THINK THAT AND WE TALK ABOUT THIS A LOT IS IT'S EITHER CODE OR IT'S A VARIANCE AND SEEMS LIKE THIS WOULD WORKS AT SIX FEET AND SO THAT'S THE WAY THAT I THINK WE SHOULD MOVE. SO I AM HAPPY TO MAKE A MOTION SURE IN CASE 2023-68I MOVE TO RECOMMEND THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A COMPREHENSIVE LAND USE GUIDE PLAN AMENDMENT TO RE GUIDE 1801 IN 1851 AMERICAN BOULEVARD WEST FROM COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL SECOND THANK YOU WE HAVE EMOTION AND A SECOND TO RECOMMEND A COMPLIMENTARY GATING ANY FURTHER DISCUSSION IN FAVOR SAY I I OPPOSED MOTION PASSES IN CASE P.L. 2023-68I MOVED TO RECOMMEND THE CITY COUNCIL ADOPT AN ORDINANCE REZONING 1801 AMERICAN BOULEVARD WEST FROM C FIVE PD FREEWAY MIXED USE PLAN DEVELOPMENT AND 1851 AMERICAN BOULEVARD WEST FROM C FIVE FREEWAY MIXED USE TO OUR M 100 PD HIGH DENSITY RESIDENTIAL PLANNED DEVELOPMENT SECOND THANK YOU EMOTION AND A SECOND TO RECOMMEND REZONING FURTHER DISCUSSION IN FAVOR SAY I I OPPOSED THE MOTION PASSES SURE SPELLED 2023-68I MOVED TO RECOMMEND THE CITY COUNCIL APPROVED PRELIMINARY AND FINAL DEVELOPMENT PLANS FOR A FOUR STORY 99 UNIT APARTMENT BUILDING LOCATED AT 1801 AND 1851 AMERICAN BOULEVARD WEST SUBJECT TO THE CONDITIONS AND CODE REQUIREMENTS ATTACHED TO THE STAFF REPORT STRIKING CONDITION FOR SECOND THANK YOU WE HAVE A MOTION AND A SECOND TO RECOMMEND PLANNING AND FINAL DEVELOPMENT PLANS AT THE SUBJECT PROPERTY FOR THE DISCUSSION IN FAVOR SAY I I OPPOSED MOTION PASSES THESE ITEMS WILL BE A PUBLIC HEARING ON THE JULY 24TH CITY COUNCIL MEETING. THANK YOU FOR THE GOOD WORK ON THAT. THANK YOU. ALL RIGHT. THE FOURTH ITEM IS TO DISCUSS A STUDY ITEM TO DISCUSS POTENTIAL REZONINGS IN THE LYNDALE AVENUE RETROFIT PLANNING AREA. THE HITS KEEP COMING. WE'VE GOT PLANNING GRANDMA OLSEN WE MIG GET EVERYBODY HEREONIGHT. THE FLOOR IS YOURS, YOU CHAIRMAN AND THE CHAIR. MEMBERS OF THE PLANNING COMMISSION. ITEM NUMBER FOUR IS A STUDY A STUDY ITEM EXAMINING A S OF PROPERTIES THAT ARE PROPOSED BE ZONED WITHIN THE NODE AREAS OF LYNDALE AVENUE IN THE NODE AREAS ARE REFERRED REFERRING TO THE LYNDALE SUBDIVISION OR LYNDALE AVENUE SUBURBAN RETROFIT PLAN. WE'LL GET TO THAT IN A MOMENT. YEAH SO IT'S A TOTAL OF 28 PARCELS UNDER CONSIDERATION AND THE INTERSECTIONS ARE 86TH STREET AND 98TH STREET. HERE'S A COUPLE OF MAPS LOOKING AT BOTH AREAS UNDER BEING CONSIDERED THE WE HAD TO SPLIT THOSE UP INTO TWO BECAUSE THERE'S QUITE A BIT OF DISTANCE BETWEEN THE TWO BUT THEY'RE BOTH WITHIN THOSE AREAS DEFINED IN THE RETROFIT PLAN AND YOU RECALL THE RETROFIT PLAN WAS APPROVED IN 2021 IN APRIL THE GUIDING PRINCIPLES WERE TO CREATE A COMPACT CRITICAL MASS OF HOUSING, JOBS AND SERVICES WITHIN THOSE NODE AREAS THAT I TALKED ABOUT. AND YOU CAN ACTUALLY SEE THOSE NODE AREAS ILLUSTRATED ON THE RIGHT IMAGE THERE WITHIN THAT THICK BORDER WITHIN THE DOTTED LINE THOSE AREAS ARE DEFINED BY DOTTED LINES. THOSE ARE THE THE AREAS UNDER CONSIDERATION AND I HADN'T UNDERLINED HOUSING BECAUSE THAT'S A BIG PART OF THIS PROPOSAL IS TO ENCOURAGE MORE HOUSING DEVELOPMENT THOSE NODE AREAS BECAUSE THE PLAN RECOGNIZES THAT B2 AS A ZONING DISTRICT IS INCONSISTENT WITH THE VISION OF THE RETROFIT PLAN BECAUSE IT REMOVES THAT OPTION OF ADDING HOUSING AND IT ALSO ENCOURAGES MORE AUTO ORIENTED USES WHERE THAT'S NOT THE DESED VISION FORYNDALE AVENUE. SO BEFORE DOES SUPPORT THAT MORE WALKABLE URBAN DESIGN DESCRIBED IN THE SUBURBAN RETROFIT PLAN OR I'M SORRY I'LL JUST REFER TO AS THE RETROFIT PLAN. IT ALSO SUPPORTS MAKES USE OF DENSE HOUSING THESE ARE ALL CRITICAL COMPONENTS OF A WALKABLE URBAN AREA THAT THAT AS DESCRIBED IN RETROFIT PLAN ALSO YOU KNOW FURTHER SUPPORTING THIS THIS PROPOSAL ARE A COUPLE OF ACTIONS THAT TOOK PLACE PRIOR TO THE RETROFIT PLAN IN 2019 THE CITY ADOPTED THE 98TH STREET STATION AREA PLAN AND ALSO THE COMPREHENSIVE PLAN THEY BOTH ENVISIONED MORE TRANSIT SUPPORTIVE DEVELOPMENT AND MIXED USES HIGHER DENSITIES AGAIN REFLECTING WHAT THE B4 DISTRICT WILL ALLOW IF IMPLEMENTED AS PROPOSED BY STAFF. OH I SHOULD MENTION SO A PART OF THAT 98TH STREET STATION AREA PLAN THERE WERE SUBSEQUENT REZONINGS THE IMAGE TO THE RIGHT SHOWS ABOUT EIGHT PARCELS THAT WERE REZONE FROM B2 TO B FOR AGAIN IN IN FURTHERANCE OF THE THE RETRO OR NOT THE I GUESS IT WASN'T THE RETROFIT PLAN AT THE TIME BUT THE VISION THAT WAS DESCRIBED IN THAT STATION AREA PLAN THERE ARE THREE LAND USES GUIDING THE PARCELS UNDER CONSIDERATION. THERE'S THEENER BUSINESS LAND USE CATEGORY THAT'S RETAIL SERVICE AND SERVICES SUCH AS NEIGHBORHOODS, SUPERMARKETS SHOPPING CENTERS, DRUGSTORES AND THE LIKE COMMUNITY COMMERCIAL IS GENERAL BUSINESS PLUS ADDITIONAL LARGER SCALE SERVICE AND RETAIL USES HOTELS MEDIUM SIZED SHOPPING GROWING GROCERY AND STUFF LIKE THAT OR AND LOCATIONS LIKE THAT AND THEN THERE'S ONE PARCEL IN PARTICULAR THAT HAS GUIDED PUBLIC THAT INCLUDES YOU KNOW PARK SCHOOLS ARE THE LAND USES DESCRIBED IN THE COMP PLAN OR THESE CATEGORIES DESCRIBED IN THE COMP PLAN IS ACCOMMODATING PARK SCHOOLS FIRE STATIONS MUNICIPAL LIBRARIES STUFF THOSE KIND OF DESTINATIONS THIS IS A MAP ILLUSTRATING THE THE ASSEMBLAGE OF LAND USES BOTH WITHIN THE AREAS AND DIRECTLY SURROUNDING SO THE 86TH STREET NODE IS DOMINATED BY GENERAL BUSINESS AS A GUIDING LAND USE AND COUNTER TO THAT OR NOT COUNTER BUT PIVOTING A LITTLE BIT WITH THE 90TH STREET NODE IT'S MAINLY GUIDED COMMERCIAL COMMUNITY COMMERCIAL SPECIFICALLY AND THEN BUT THERE IS SOME GENERAL BUSINESS IN THAT VERY SOUTHWEST CORNER AND YOU'LL SEE THAT PUBLIC THEIR PUBLIC LOT ARE THAT LOT GO TO PUBLIC THAT IN THE TWO LOTS NORTH OF IT THOSE THAT'S THE PARKING RIGHTS STATION FOR THE 98TH STREET STATION WHICH YOU KNOW FOR THE ORANGE LINE AND A LOT OF OTHER OR SEVERAL OTHER TRANSIT SERVICES AND ROUTES. SO IF IF THIS REZONING WERE TO IF IT WERE TO GO BE ADOPTED, THE CITY MIGHT WANT TO CONSIDER REIGNITING THAT PARCEL FROM PUBLIC TO SOMETHING MORE SUPPORTIVE OF THE B4 DISTRICT RIGHT NOW METRO TRANSIT DOESN'T HAVE SOLID PLANS IN PLACE TO REDEVELOP THAT LOT BUT I THINK THERE WAS SOME THEY THERE WERE SOME CONCEPTS THAT THEY WERE CONSIDERING WHICH HAD MIXED USE DEVELOPMENT OCCUPY THE SITE WITH THE PARK AND RIDE FACILITIES ON THE GROUND FLOOR AND THEN THERE WAS SOME RETAIL AND RESIDENTIAL ABOVE SO THAT'S A CONCEPT NO FIRM PLANS STILL IN PLACE. CURRENT CURRENT ZONING AS I MENTIONED IS B2 OR A GENERAL COMMERCIAL HERE 1/2. OKAY SO THE WAY IT'S DESIGNED TO PROVIDE FOR A WIDE VARIETY OF RETAIL AND OTHER COMMERCIAL USES, THE GOALS ARE TO ENSURE LOCATIONS ARE DISTRIBUTED THROUGHOUT THE CITY, ARE AVAILABLE FOR OF RETAIL AND COMMERCIAL AND THAT INCLUDES AUTO ORIENTED. SO RIGHT THERE YOU SEE THE CONFLICT BETWEEN B2 AND WHAT'S DESCRIBED IN THE LYNDALE RETRO LYNDALE AVENUE RETROFIT PLAN . SO THE PROPOSED ZONING IS FOR BE FOR NEIGHBORHOOD COMMUNITY COMMERCIAL THAT'S DESIGNED FOR TO PROVIDE FOR NEIGHBORHOOD SCALE COMMERCIAL AND RESIDENTIAL MIXED USES THE GOALS BELOW ARE DEFINED BELOW OR SORRY LISTED BELOW. YOU KNOW THOSE ARE VERY ILLUSTRATIVE OF THE TYPE OF VISION THAT'S EXPECTED OF LYNDALE AVENUE AS IT'S REDEVELOP IT ESPECIALLY IN THOSE NODE AREAS. SO PROMOTING AN ATTRACTIVE STREETSCAPE RESTRICTING INCOMPATIBLE USES WALKABLE BIKEABLE REVIEWS REDUCE THE VISUAL IMPACT OF PARKING. SO MOVING SOME OF THAT PARKING FROM STREET SIDE TO TO THE SIDE OF THE BUILDING OR BEHIND THE BUILDING PREFERABLY AND JUST CREATING THOSE RESIDENTIAL OPPORTUNITIES TO BRING THE NEEDED POPULATION TO NOT ONLY SUPPORT BUSINESSES BUT ALSO SUPPORT THE DENSE URBAN WALK WALKABLE CITY OF THE AREA. HERE'S THE CURRENT ZONING AGAIN IT'S ALL MATERIAL. THAT'S THE REASON WHY WE'RE HERE AND YOU'LL SEE ON FOR THE 90TH STREET NODE THOSE LOTS THAT WERE A REASON TO BE FOR AN 80/86 STREET NODE IT SHOULD BE NOTED LIKE THE THE THE PROPERTIES ON THE EAST SIDE OF LYNDALE AVENUE THOSE WERE RECENTLY REZONING TO TRANSITIONAL INDUSTRIAL A FEATURE OF THAT DISTRICT IS THAT IT DOES ALLOW RESIDENTIAL OPPORTUNITIES SO WE'RE TRYING TO REFLECT THOSE RESIDENTIAL AREAS OR WE'RE PROPOSING TO REFRACTORY REFLECT THOSE RESIDENTIAL OPPORTUNITIES ON BOTH SIDES OF LYNDALE AVENUE. THIS IS A COMPARISON OF OH I, I APOLOGIZE. 'S OH IT'S NOT LABELED WELL NONETHELESS SO THAT MIDDLE COLUMN IS B TWO AND THE COLUMN ON THE VERY FAR RIGHT IS BEFORE I'LL MAKE THAT ADJUSTMENT LATER BUT SOME DIFFERENCES TO HIGHLIGHT IN TERMS OF STANDARDS ARE THAT THERE'S A HIGHER FAILURE FOR BEFORE IF RESIDENTIAL IS INCLUDED SO IT GOES UP TO TWO. UM, THERE'S A BIGGER SITE AREA THAT'S EXPECTED FOR BEFORE AS OPPOSED TO BE TWO. SO WE'RE IN WE'RE ENCOURAGING LARGER DEVELOPMENT AND THERE'S A LOT OF OPPORTUNITY WITHIN THE PARCELS. UM EITHER PASS THE PARCEL ITSELF OR TO ASSEMBLE PARCELS TO CREATE THOSE DEVELOPMENTS THAT MEET THE STANDARDS FOR BEFORE AND THEN THERE'S A MINIMUM OR THERE'S A MINIMUM FRONT SETBACK THAT'S MUCH SHALLOWER COMPARED TO B2 WHEN LOOKING AT THE B4 STANDARDS AND AS I MENTIONED BEFORE, YOU KNOW WE'RE ENCOURAGING THAT PARKING OR RESTRICTING THAT PARKING TO THE SIDE OR TO THE REAR. SO WITH ANY REZONING PROJECT NON-CONFORMITY IS AN INTEREST TO JUST MAKING SURE THAT THE IF THERE IS NONCONFORMING THESE CREATED THEY'RE MINIMIZED TO THE GREATEST DEGREE POSSIBLE. IT WAS INCLUDED IN THE STAFF REPORT A TABLE OR AN EXHIBIT THAT WAS HIGHLIGHTING WHAT PARCELS ACCORDING TO THEIR USE ARE WOULD BE NON-CONFORMING IF THE REZONING WERE TO GO THROUGH AND I BELIEVE IT WAS VE PARCELS OUT OF THE 28 ONE OF THOSE PARCELS HAS MULTIPLE USES BUT BOTH USES ACTUALLY ARE NOT ALLOWED IN THE B4 ZONING DISTRICT SO IT KIND OF WORKS OUT THAT WAY. JUST TO NOTE THAT NONCONFORMING THESE ARE CREATIVE ON A LOT WHEN IT DOES NOT MEET STANDARDS OF THE UNDERLYING ZONING DISTRICT BUT A LEGAL NONCONFORMING IS ESTABLISHED WHEN ALL THE LIGHT CONDITIONS HAVE RECEIVED ALL THE REQUIRED APPROVALS THEY CAN CONTINUE. SO IF THIS REZONING WERE TO GO FORWARD THOSE PARCELS THAT YOU KNOW WOULD HAVE A NONCONFORMING USE OR ANY OTHER NONCONFORMING FEATURE IF THAT'S BUILDING DESIGN OR A LOT CHARACTERISTIC THEY COULD CONTINUEUT THEY WOULDOT BE ALLOWED TO EXPAND THAT NONCONFORMITY AND IT SHOULD BE NOTED THAT THE LEGAL NON-CONFORMING STATUS IT'S IMPORTANT TO NOTE THAT IT RUNS WITH THE LAND, IT DOESN'T GO WITH THE PROPERTY OWNER SO IF SOMEONE ELSE WERE TO MOVE IN THEY WOULDN'T HAVE TO SUDDENLY BRING THEIR PROPERTY INTO COMPLIANCE. THEY WOULD THEY WOULD HAVE LEGAL NON-CONFORMING SO LONG AS THEY MET THE CRITERIA AND THAT SECOND BULLET POINT AT THE BOTTOM HERE'S A VISUAL DISPLAY OF WHAT THOSE PARCELS LOOK LIKE THAT WOULD BY THEIR USE WOULD NOT MEET THE THE STANDARDS FOR FOR THE USE STANDARDS UM STAFF DID ENGAGE OR ATTEMPTED TO ENGAGE PROPERTY OWNERS AND OTHER FOLKS THAT WORK IN THE AREA. UM, WE DECIDED ON A CONSULT LEVEL OF PARTICIPATION AND WITH THAT WE SET UP A LET'S TALK BLOOMINGTON PAGE TO HOST PRODUCTS OF THIS PROCESS EARLY MAY WE SENT OUT MAILERS SO WE INFORMED THAT THIS PROCESS WAS KICKING OFF AND THAT THERE ARE MULTIPLE WAYS FOR THEM TO ENGAGE STAFF IF THEY HAVE ANY QUESTIONS OR IF THEY HAVE ANY COMMENTS OR CONCERNS THAT THEY WOULD LIKE US TO ADDRESS. UM WE VISITED EACH PROPERTY IN EARLY MAY AS WELL TO AGAIN HAVE THAT FACE TO FACE INTERACTION AND SEE IF WE COULD TALK ABOUT THE OPPORTUNITIES BUT ALSO ADDRESS ANY CONCERNS THAT THEY MAY HAVE. UM AT THE LATTER HALF OF MAY WE HELD TWO OPEN HOUSES A VIRTUAL ONE AND AN IN-PERSON ONE. THE VIRTUAL ONE WAS QUOTE UNQUOTE A BUST NOT TOO MANY NO ONE ATTENDED BUT THAT'S FINE THE IN-PERSON ONE. THERE WERE THERE WERE A FEW PEOPLE ATTENDED. BUT I GUESS WHAT I TAKE THAT OR I GUESS SPEAKING ON MY OWN BEHALF IS JUST THAT IT HASN'T GENERATED IN CONTROVERSY AT THE TIME. SO NONETHELESS WE WE WERE ABLE TO HAVE SOME CONVERSATIONS WITH FOLKS WE DID RECEIVE ACTUALLY I SHOULD HAVE MENTIONED WE DID RECEIVE AN EMAIL IN SUPPORT OF THE REZONING AND THAT WAS FOR UM OH IT'S KIND OF HARD TO POINT OUT THAT IT'S MY CURSOR THERE IT IS SO THAT PROPERTY RIGHT THERE THE OWNER OF THAT PROPERTY DID SEND AN EMAIL IN SUPPORT OF THE REZONING ACTUALLY AND AND AS SOON AS SOON AS THEY GOT THE MAILER INFORMING OF THIS PROCESS. SO I APOLOGIZE FOR NOT INCLUDING THAT IN THE STAFF REPORT NEXT STEPS WE'LL HAVE A CITY COUNCIL STUDY SESSION WE'LL WE'LL BRING UP THE SAME ISSUES THAT WE'RE DISCUSSING TONIGHT. BUT WE'RE ALSO GOING TO BRING A RESOLUTION TO INITIATE THE REZONING SO BEGIN THAT REZONING PROCESS MID-AUGUST WILL HAVE A PUBLIC WERE TENTATIVELY SCHEDULING IT EXPECTING A PUBLIC HEARING AT THAT PLANNING COMMISSION MEETING AND THEN THE FIRST CITY COUNCIL MEETING IN SEPTEMBER WE'LL HAVE ANOTHER PUBLIC HEARING TO HOPEFULLY MOVE FORWARD WITH THE STAFF'S RECOMMENDATION. BUT WITH THAT I CAN TAKE ANY QUESTIONS THAT YOU MAY HAVE. THANKS FOR THAT. I HAVE A QUESTION PARTLY FOR MYSELF AND ALSO PARTLY JUST FOR ANYONE WHO MIGHT BE FOLLOWING ALONG BACK A COUPLE OF SLIDES WHEN YOU TALKED ABOUT THE REPLACE BUT NOT EXPAND KIND OF OH THERE YOU GO. SO REPAIR REPLACEMENT RESTORATION BUT NOT EXPANSION. SO IF FOR EXAMPLE I RAN ONE OF THESE BUSINESSES THAT WAS IN YELLOW ON HERE I'LL JUST PICK ONE SAY I'M RUNNING A VEHICLE REPAIR MINOR VALVOLINE AND BUILDING IS SCRAPED A REPLACED AND MAYBE IT'S RETAIL WITH RESIDENTIAL ABOVE BUT THE RETAIL COMPONENT IS NOT ANY BIGGER. IS THAT CONSIDERED A REPLACEMENT OR IS THAT CONSIDERED AN EXPANSION BECAUSE THE BUSINESS ITSELF IS NOT EXPANDING? I'M JUST TRYING TO UNDERSTAND HOW RESTRICTIVE IS THIS ON THOSE BUSINESSES? CHAIR ROHMAN, ARE YOU ARE YOU REFERRING TO CHANGING THE SO IF WE LOOK THE BUSINESS FROM IF WE RE ZONED THIS YES THE BUSINESS IS ALLOWED TO CONTINUE YEP. FOR THESE THINGS THAT YOU SAY WHICH ARE WHICH I YOU KNOW WE KNOW THAT THOSE ARE THEASE IF THA FACILITY WAS TO BE REMOVED BUT REBUILT WOULD THAT BUSINESS BE ABLE TO CONTINUE IN A SIMILAR SIZE THAT BE CONSIDERED A REPLACEMENT I GUESS IS THE QUESTION CHAIR ROHMAN YES, IF I UNDERSTAND YOUR QUESTION YOU JUST ARE YOU'RE SPEAKING TO REPLACING THE BUILDING WITH THE SAME BUSINESS INSIDE IT'S THE SAME PHYSICAL DIMENSIONS, SAME LOCATION THAT BUSINESS IS BUT THE BUILDING MIGHT NOW BE FOUR STORIES OH, OKAY. MY APOLOGIES. YEAH. UM, I BELIEVE IT'S UM I'M JUST OKAY. YEAH, IT'S OKAY IF YOU DON'T HAVE AN ANSWER IS JUST TRYING TO UNDERSTAND THAT YOU KNOW THERE I UNDERSTAND THAT THERE ARE DIFFERENT TYPES OF BUSINESSES THAT YOU WANT IN CERTAIN ZONING AREAS BUT I'M JUST TRYING TO GET MY HEAD AROUND IS THERE A PATH WHERE THOSE BUSINESSES MIGHT AGAIN THEY YOU KNOW, A VALVOLINE IS PROBABLY A BAD EXAMPLE ABOUT FOUR STORIES OF RESIDENTIAL BUT YOU KNOW WE'VE GOT PAWN SHOP IN THERE FOR EXAMPLE AND IF THAT WAS SIMILAR SIZE WOULD THAT BE ABLE TO RETURN IN A BUILDING THAT WAS DIFFERENT BUT IT WAS REPLACING THE RETAIL FOOTPRINT JEROME AND I BELIEVE IF THE IF IT'S IT'S IT'S THE NONCONFORMING THAT'S NOT BEING EXPANDED BUT SURE WHATEVER'S ADDED IS DIFFERENT IN COMPLIANCE IT'S DIFFERENT BUT IT'S IN COMPLIANT OR COMPLIANCE IT'S A SIMILAR USE THEN THAT WOULD BE APPROPRIATE BUT IT WOULDN'T BE EXPANDING THE VALVOLINE WOULDN'T BE ADDING ANOTHER MAINTENANCE BAY OR ANYTHING. IT WOULD BE MAINTAINING THAT FOOTPRINT AND SO THERE WOULDN'T BE ANY ADDITIONAL TRAFFIC, IT WOULDN'T BE IN AN INCREASE OF THAT NONCONFORMING USE. YEAH THERE'S JUST YEAH THERE'S MORE OF A SETTING FOR SURE IT'S JUST KIND OF I THINK I'LL TRY TO GET MY HEAD AROUND JEROME AND BLOOMINGTON'S NON-CONFORMITY STANDARDS USES THE TERM SUBSTANTIALLY EQUIVALENT AS LONG AS THE REPLACEMENT USE IS SUBSTANTIALLY EQUIVALENT TO THE ORIGINAL THAT CAN WORK SO YOU COULD TEAR IT DOWN, REBUILD IT AS LONG AS THAT NEW TENANT SPACE IS SUBSTANTIALLY EQUIVALENT TO WHAT HAD BEEN THERE PREVIOUSLY. THANK YOU. I'M SORRY THAT WAS A LONG CONVOLUTED QUESTION BUT I KNEW WHAT THE VOICES MY HEAD KNEW WHAT I WAS ASKING. THIS IS A STUDY ITEM SO YES COMMISSIONER ALBRECHT I HAVE A FEW QUESTIONS. MY FIRST QUESTION IS CAN YOU TELL ME THE DIFFERENCE BETWEEN COMMUNITY COMMERCIAL AND GENERAL BUSINESS? YEAH. UH, SHARON AND COMMISSIONER ALBRECHT IT'S NOT OFF THE TOP OF MY HEAD. UM, BUT THESE ARE THE THESE THESE ARE THE DESCRIPTIONS THAT ARE PROVIDED IN THE COMPREHENSIVE PLAN. I BELIEVE THERE IS A EVEN LONGER DESCRIPTION WITHIN THE STAFF REPORT SETTING UP THAT DISTINCTION BETWEEN THE TWO COMMUNITY COMMERCIAL IS SUBSUMING ALL THE USES THAT ARE ALLOWED IN GENERAL BUSINESS BUT ADDING THAT LARGER SCALE SERVICE AGAIN OWING TO THAT LARGER LOT SIZE NEEDED TO ACCOMMODATE SOME OF THE USES THAT ARE ALLOWED WITHIN THE BE FOR DISTRICT OR JUST WITHIN I'M SORRY THE KUMU SORRY TALKING ABOUT LAND USE WITHIN THE COMMERCIAL THOSE LOTS THAT ARE GUIDED COMMUNITY COMMERCIAL SO UM WE HAVE THE GUIDED LAND USE BUT THEN WE HAVE THE ZONING AND UNDERLYING ZONING THAT'S RESTRICTING OR NOT RESTRICTIVE AND NARROWING ON THE THE TYPES OF USES. SO YOU SEE FOR INSTANCE UNDER GENERAL BUSINESS GAS STATIONS I BIEVEHOSE OTHER USES WOULD BE APPROPRIATE FOR THE BEFORE ZONING DISTRICT EXCEPT GAS STATIONS THOSE WOULD NOT BE APPROPRIATE OR THOSE THOSE I'M NOT APPROPRIATE NOT BE ALLOWED SO THOSE ARE NOT ALLOWED USES SO IT'S TRYING TO FIND THE HARMONY BETWEEN THE GENERAL BUSINESS LAND USE GUIDANCE AND THE B4 DISTRICT THAT WE'RE PROPOSING. I HOPE THAT ANSWERS YOUR QUESTION IF IT DIDN'T I'M HAPPY TO TRY TO TAKE ANOTHER STAB AT IT THE MOST HELPFUL. THANK YOU MR. ABDI THANK YOU CHAIR THE IMAGE THAT YOU SHOWED OF THE FIVE PROPERTIES THAT WERE ON NOT NECESSARILY THE CONFORM I GUESS THE QUESTION I WAS TRYING TO GET AT THIS IS A CITY LED EFFORT TO REZONE THESE SITES FROM B-2 TO BEFORE THERE WERE IF THERE WERE LIKE 20 PROPERTIES YOU SAID IF ALL OF THEM WERE TO BE AGAINST THE RONING WITH THE CITY B MOVING FORWARD WITH IT OR EVEN IF YOU HAD YOU KNOW WHAT WOULD BE A RATIO OF PROPERTY OWNERS BECAUSE THE REZONING WOULD BE SUBJECT TO ONLY THESE PROPERTIES THAT OTHER PROPERTIES IN THE AREA IF ALL FOR EXAMPLE HYPOTHETICALLY WERE AGAINST THE REZONING I DON'T KNOW WHY THEY WOULD BE BUT IF THEY WERE TO BE AGAINST IT WITH THE CITY SAY THE CITY STILL MOVE FORWARD WITH THE INITIATIVE TO REZONE OR WOULD THEY AWAY AND SAY WE TRIED TO RUN THE COMMISSIONER AVENUE THAT'S A POLICY QUESTION AND WE'VE HAD POLICY DETERMINED NOT ONLY IN THE COMP PLAN AND THAT STREET STATION AREA PLAN BUT ALSO THE THE RETROFIT PLAN. SO THIS THIS PROJECT IS IS A WHAT HOW DID THEY JUST SAY IT WAS A KEY TASK? I BELIEVE THAT WAS THE TERM THAT THEY USED IN THE RETROFIT PLAN THIS WAS A KEY PROJECT IN ORDER TO IMPLEMENT THE RETROFIT PLAN. SO IF THERE WAS ANY DEVIATION FROM THAT PLAN I BELVE MEAN THAT'S AHAT'S RECONSIDERING POLICY THAT'S ALREADY BEEN ESTABLISHED AND THERE MIGHT BE GOOD REASON TO DO THAT IF YOU HAD A A VERY CLEAR MAJORITY UP TO 20 OUT OF 28 PROPERTIES THAT DID NOT DID NOT OR WERE NOT IN SUPPORT OF THIS REZONING, THAT WOULD BE QUITE A CONCERN AND I SUPPOSE THAT WOULD BE GOOD EVIDENCE TO MAYBE RECONSIDER THE POLICIES BUT FROM I WASN'T HERE FOR THOSE PREVIOUS PRECTS BUT IELIEVEHERE WERE EXTENSIVE COMMUNITY ENGAGEMENT ACTIVITIES THAT WERE WERE DONE THROUGHOUT THOSE PLANNING PROCESSES. SO MY I IMAGINE THE THE THE RECEIVE THE BUY IN AND THEN THE CITY COUNCIL WAS PRETTY CONFIDENT TO ADOPT THOSE POLICIES BUT YOU KNOW IT'S BEEN A FEW YEARS I GUESS SOME THINGS CHANGE BUT YEAH THAT WOULD BE A POLICY RECONSIDERATION THAT'S FOR SURE. I THINK WE HAVE HAD TIMES BEFORE IN OTHER PARTS OF THE CITY WHERE THE CITY HAS HAD A FUTURE VISION THAT MAYBE SIGNIFICANT AMOUNTS OF LAND WERE NOT IN FAVOR OF . BUT THAT'S WHERE I THINK IT GOES BACK TO THE THE YOU KNOW THE REPLACEMENT SUBSTANTIALLY EQUIVALENT KIND OF THING IS YOU KNOW, IF YOU KEEP ON DOING WHAT YOU DO AND IT'S A PROBLEM, IT'S JUST THAT YOU ARE GOING TO BE TRIPLING IT. BUT I MY RECOLLECTION IS THAT WE AS A CITY COUNCIL THINK OUR RECOMMENDATION TO THEM EVENTUALLY BUT THERE HAVE BEEN OTHER PARTS OF THE CITY WHERE THE PROPERTY WAS NOT THRILLED WITH THE IDEA. MR. COOKTOWN THINKS HE'S SURE MR. RAYMOND OLSEN THIS EVENING THIS IS A STUDY ITEM SO IF I WERE A PROPERTY OWNER AND I REALLY DISLIKED THIS I WOULDN'T HAVE AN OPPORTUNITY TO SPEAK BEFORE TONIGHT. SO FOR THOSE WATCHING AT HOME AND OR WHO MAY OWN A BUSINESS IN THIS CORRIDOR, CAN YOU AND FORGIVE ME IF YOU ALREADY TALKED ABOUT IT WALK THROUGH SORT OF THE GLOBAL PROCESS OF THIS. PRESUMABLY THIS WILL COME BACK BEFORE AS A PUBLIC HEARING FOLKS WILL HAVE A CHANCE TO TESTIFY BEFORE US IN THE CITY COUNCIL. SO TWO PARTS COULD YOU WALK THROUGH THAT GLOBAL THANK YOU . I APPARENTLY DIDN'T DIDN'T CATCH THIS PART BUT IF YOU COULD WALK THROUGH THIS AGAIN WOULD BE APPRECIATED AND THEN ALSO SPECIFICALLY WHAT YOU'RE ASKING FROM US TONIGHT DURING THIS STUDY IS A CHAIRMAN AND COMMISSIONER COOKED IN YEAH JUST TO RECOUNT I THINK THIS SLIDE LAYS OUT THE PROCESS FROM FROM HERE ON OUT JUST TO RECAP THAT WE DID WE STARTED THE ENGAGEMENT BACK IN EARLY MAY WHEN THIS PROJECT FORMALLY KICKED OFF AND WE PROVIDED NUMEROUS AVENUES FOR PEOPLE TO PROVIDE FEEDBACK OR EXPRESS THEIR CONCERNS, HAVE THEIR CONCERNS ADDRESSED BY STAFF OR HAVE THOSE CONCERNS TAKEN INTO CONSIDERATION AND TO BE THEN RELAYED BACK TO YOU AGAIN. WE DID GET THAT ONE EMAIL SUPPORT BUT YOU KNOW TONIGHT IS ONE STUDY SESSION. WE'LL HAVE ANOTHER STUDY SESSION ACTUALLY SHOULD BEEN MORE SHOULD HAVE BEEN MORE DETAILED. IT WAS JULY 10TH. THAT'S WHEN THE CITY COUNCIL WILL ALSO TAKE UP THIS ITEM TO STUDY IT AND THEY'LL ALSO CONSIDER TO INITIATE THE REZONING WE'LL BE ACCEPTING COMMENTS FROM HERE UP UNTIL WELL SEPTEMBER 11TH WHEN IT'S ING YOU KNOW, IF IT IS ON TRACK PER THIS SCHEDULE THAT I'VE LAID OUT. BUT WE'LL HAVE A PUBLIC HEARING YOU IN MID MID-AUGUST, AUGUST 17TH AND THEN WE'LL HAVE ANOTHER ONE THAT'S SEPTEMBER 11TH AND THAT'S WHEN ANYONE THE PUBLIC CAN PROVIDE THAT DIRECT TESTIMONY EITHER IN SUPPORT OR, YOU KNOW, WHATEVER THEY WANT TO PROVIDE. BUT WE HAVE CLOSED OUT THE COMMUNITY ENGAGEMENT PORTION WHERE WE WE'RE DIRECTLY ENGAGING FOLKS BUT WE ARE WE ARE OPEN TO RECEIVING THAT FEEDBACK OR HAVING THOSE CONVERSATIONS IF IF IF THAT'S APPROPRIATE DOES IS THAT IT DOES. THANK YOU AND BEING THAT THIS IS A STUDY SESSION FOR US THIS EVENING, IS THERE ANYTHING SPECIFIC YOU'RE LOOKING FOR FROM THIS BODY TO HELP YOU ALONG WITH YOUR PROCESS? SORRY CHAIR CMISSIONER. YES, SORRY I NEGLECTED THAT PART. YES, WE ARE JUST LOOKING ON FEED LINKING TO FEEDBACK. WE'RE NOT WE'RE NOT SEEKING TO REVISE ANY STANDARDS JUST MERELY REASON FROM BTU TO BE FOR AND TO MAINTAIN THOSE STANDARDS THAT ARE ALREADY ASSOCIATED WITH THOSE DISTRICTS. SO IF THERE'S ANY OTHER FEEDBACK YOU HAVE CONCERNING THE PROPOSAL OR THE PARCELS IF IT IF IT ALIGNS WITH THOSE PLANS THAT ARE THAT HAVE BEEN DISCUSSED IN THE STAFF REPORT AND TONIGHT IF YOU HAVE ANY OTHER FEEDBACK AND MAYBE WE CAN RECONSIDER SOMETHING IF YOU IF YOU FEEL THAT'S APPROPRIATE THANK YOU, MR. CHAIR. I THINK THIS IS A OVERALL THEN A POSITIVE STEP IN THE RIGHT DIRECTION. I'M GOING TO RESERVE JUDGMENT ON WHETHER I THINK IT'S THE RIGHT THING UNTIL WE CAN HEAR FROM THE PUBLIC IF WE GET TREMENDOUS AMOUNTS OF PUSHBACK THAT CERTAINLY AFFECTS MY DECISION. AND SO I'M IN NO POSITION TO SAY WHETHER I LIKE IT OR NOT, BUT I THINK IT'S A POSITIVE STEP IN THE RIGHT DIRECTION AND CERTAINLY IT SEEMS TO ALIGN WITH THE LINDELL AVENUE RETROFIT PLAN WHICH I AM SUPPORTIVE OF . SO ALTHOUGH I'LL RESERVE FINAL JUDGMENT WHEN WE CAN HAVE A PUBLIC HEARING AND AND HEAR FROM OUR RESIDENTS AND OUR BUSINESS OWNERS I THINK WHAT WE'VE SEEN HERE THIS EVENING WHAT I'VE SEEN HERE THIS EVENING IS JUST FINE AND I WOULD TELL YOU I THINK YOU'RE HEADING IN THE RIGHT DIRECTION. I THINK DOING THIS SOONER THAN LATER IS GOOD WITH YOU KNOW, WE'VE HAD PROJECTS THAT HAVE COME ALONG AND IN ONE OF THESE NODES THAT ACTUALLY WE HAD PROJECTS AND BOTH OF THESE NODES ONE THAT WE DID NOT MOVE FORWARD ON BECAUSE IT WASN'T CONSISTENT WITH THE VISION AND ONE THAT THE VISION WASN'T FINISHED BUT THE THE DEVELOPER WAS WILNG TO KIND OF GO ALONG. WE WERE THINKING SO I AM I YOU'RE HEADING IN THE RIGHT DIRECTION. I WOULD ENCOURAGE YOU TO KEEP MOVING ON THIS AND I ALSO APPRECIATE THAT YOU KNOW YOU'VE BEEN TO EACH OF THESE WHERE STAFF HAVE BEEN TO EACH OF THESE PROPERTIES SPECIFICALLY IN PERSON AND SO THAT I THINK IS A A POSITIVE THING TO DO. SO I DON'T I DON'T HAVE ANY MOVING FEEDBACK FOR YOU GUYS. YOU'RE COACHING ONE FURTHER QUESTION, MR. CHAIR. SO GLOBALLY WE'VE DONE SOME WORK ALONG THIS CORRIDOR FOR TRANSITIONING TO THIS NEW TRANSITIONAL INDUSTRIAL ZONE AND WE DID THAT WORK NOW THIS CHUNK OF THE PIE IS BEING TAKEN UP IN TERMS OF THE LYNDALE AVENUE RETROFIT PLAN. IS THERE MORE REZONINGS REGARDING IS COMING? IS THIS SORT OF THE LAST PIECE OF THAT? I APOLOGIZE FOR CATCHING YOU OFF GUARD BUT WHERE WE ARE IN THE LONG TERM PROCESS OF THE LINDELOF NEW RETROFIT STRATEGY CHAIR ROHMAN COMMISSIONER COOKED AND I'M GOING TO HAVE TO DEFER TO MY OTHER PLANNING COLLEAGUES THERE FOR A BIT MORE FAMILIAR WITH WHAT CAME OUT OF THIS SEEMS TO BE GUIDED PRIMARILY BY THE RETROFIT PLAN AND THE ACTION ITEMS THAT WERE DESCRIBED IN THAT DOCUMENT. SO IF I MAY HAVE TO DEFER TO THEM TO SEE WHAT ELSE IS ON THE PLATE AFTER THIS PROJECT TERM AND COMMISSIONER COOKED IN THIS WOULD BE THE LAST REZONING STEP OUTLINED IN THE LYNDALE RETROFIT WITH THE KIND OF TWO ROUNDS OF TWO TO BE FOR A REZONING AND THEN THE TRANSITIONAL INDUSTRIAL ZONING . SO THERE WOULD BE OTHER IMPLEMENTATION STEPS OBVIOUSLY IMPLEMENT THE PLAN BUT IN TERMS OF PROACTIVE REZONING RECOMMENDED BY THE PLAN THAT WOULD WRAP IT UP. MR. CHAIR, PLEASE STOP ME IF I'M DRIFTING TOO FAR FROM THE APPLICATION AND IT'S A STUDY ITEM SO THERE IS NO FORMAL STRUCTURE OR SCOPE VERY WELL. THERE IS ALSO TALK IN THAT PLAN ABOUT POSSIBLE CHANGES TO LYNDALE ITSELF ADDING BIKE LANES OR BOULEVARD TREES AND OTHER THINGS WHERE WE ARE IN THAT PART OF THE PROCESS CHAIR ROOM AND COMMISSIONER COOKED IN THERE THERE'S NO FUNDING IDENTIFIED. THERE'S NO I, I HAVEN'T SEEN ANY PLANS IDENTIFIED FOR FOR LYNDALE THERE WERE SOME ILLUSTRATIONS PROVIDED IN THE THE RETROFIT PLAN BUT IN SOME CROSS SECTIONS OF ARE ALSO ILLUSTRATIVE BUT THOSE ARE ILLUSTRATIVE THOSE AREN'T COMING FROM THE CITY'S PUBLIC WORKS DEPARTMENT. SO I BELIEVE THAT'S PRETTY FAR OFF ANY RONSTCTION OF LYNDALE I THINK THERE WAS SOMETHING THAT WAS RECENTLY COMPLETED. I BELIEVE WE HAVE RIGHT IF YOU LOOK AT IT IT WAS LAST WORK FOR THE COMING ROAD SO WE'D BE KIND OF SUBJECT TO WHEN THE COUNTY'S READY TO OH WE CONSTRUCT TOO I WOULD GUESS THAT LYNDALE IS ACTUALLY NOT A COUNTY ROAD. IT'S NOT IT'S THE ONE EXCEPTION I DON'T NEED MORE SOUTH STREET I STAND CORRECTED WELL I SAW ROHMAN ROAD OUT OF TOWN BUT THAT WAS A LONG TIME AGO. YEAH. CHAIRMAN NICK JANSEN IF I MAY JUST ADD A LITTLE BIT OF ADDITIONAL INFORMATION ABOUT KIND OF LYNDALE GOING FORWARD. I APPRECIATE THE QUESTION THE WAY THE WAY THAT WE HAVE A A STAFF WORKING GROUP WHO IS ESTABLISHED TO KIND OF CONTINUE KEEPING THEM ITEM GOING ON LYNDALE SO TOM AND I ARE MEMBERS OF THAT GROUP. BRIAN IS A MEMBER OF THAT GROUP. THERE'S A FEW OTHER KEY PLAYERS WHO ARE INVOLVED IN TRYING TO KEEP THE MOMENTUM GOING BUT IT'S GOOD A GOOD WAY TO THINK ABOUT LYNDALE IS IS VERY MUCH THE PUBLIC SPACE VERSUS THE PRIVATE SPACE. SO THESE REZONING ACTIONS WITH TRANSITIONAL AND OF COURSE THIS BEFORE ACTION IS VERY MUCH IN LINE WITH THAT PRIVATE SPACE HOW TO RECONSIDER THE RULES AND REGULATIONS AROUND THE PRIVATE SPACE, OTHER THINGS THAT THE CITY COULD BE PROACTIVELY DOING ON THE PRIVATE SPACE IS TRYING TO SECURE FUNDING FOR POTENTIALLY BROWNFIELD OR OTHER ENVIRONMENTAL ISSUES THAT DO EXIST ON THE AREA. SOME OF THE AREAS INDUSTRIAL THERE'S OTHER POLICY THAT THE CITY COULD CONSIDER TO TRY AND KIND OF MITIGATE LAND USE CONFLICTS ALONG THOSE LINES ON THE THE STREET SIDE OF IT. SO TOM'S RIGHT THAT THE PLAN DOES INCLUDE A LOT OF POTENTIAL KIND OF AT A VISION OR AT A HIGH LEVEL A LOT OF CHANGES TO THE LYNDALE AVENUE CORRIDOR. THE NEXT LOGICAL STEP THAT REALLY NEEDS TO HAPPEN IN ORDER TO PUT A FINER PENCIL TO THOSE THINGS IS TO DO A CORRIDOR STUDY AND THAT'S SOMETHING WE'VE KIND OF HAD JUST EARLY CONVERSATIONS WITH OUR TRAFFIC AND ENGINEERING STAFF ABOUT POTENTIALLY GETTING THAT ON THEIR WORK PLAN HERE EITHER THE NEXT YEAR, THE YEAR THAT FOLLOWS WE'RE TRYING TO PUSH THEM, YOU KNOW, AS HARD AS WE CAN ON THAT BECAUSE WE WANT TO SUPPORT THE VISION OF LYNDALE RETROFIT AS WELL. SO BUT THE NEXT LOGICAL STEP IS DOING A CORRIDOR STUDY OF LYNDALE AND THAT'S WHERE YOUEALL GET TO THAT000 FOOT LEVEL I'M USING KIRK ROBERT'S KIND OF TERMINOLOGY THAT HE'S EXPRESSED TO ME BUT RIGHT NOW THE PLAN KIND OF THE ROADWAY SEGMENTS AS TOM SAID AND THE PLAN IS VERY MUCH JUST A VISION. IT DOESN'T IT DOESN'T ACCOUNT FOR A VERY DETAILED TRANSPORTATION STUDY OF THE CORRIDOR. IT'S THERE'S A THERE'S A LOT GOING ON IN THE CORRIDOR. THERE'S TRUCKS, YOU KNOW, SO YOU HAVE TO BALANCE SOME OF THOSE THINGS WITH THE OTHER MULTIMODAL OUR GOALS FOR THE QUARTER ASSOCIATED WITH THE VISION SO THEY HAVE TO DO A MORE DETAILED STUDY OF IT TO REALLY MOVE THAT NEXT STEP TO KNOW WHAT THEY POTENTIALLY COD CONSTRUCT IN THE FUTURE. SO HOPEFULLY THAT PROVIDES A LITTLE BIT OF MORE INFO ABOUT KIND OF THE BROADER PICTURE OF RETROFIT BEYOND JUST THIS BE TO BE FOR STUDY. YEAH. THANKS MR. JOHNSON. IT'S NEVER TOO EARLY TO THINK ABOUT THE 2024 WORK PLAN, MR. CHAIR. SO YOU CAN COME IN AS A PROPONENT OF A CORRIDOR STUDY FOR LYNDALE IT'S A PRIORITY AT LEAST FOR ME ON THIS COMMISSION AND I SENSE IT IS FOR OTHER FOLKS AS WELL NOT TO SPEAK FOR THEM BUT IT'S SOMETHING I CERTAINLY HAVE INTEREST IN AND I APPRECIATE THAT WE ARE TRYING NOT LOSE MOMENTUM O IT SO THANKOU FOR THAT AND THE OTHER FEEDBACK FOR STAFF ON THIS ITEM DID YOU GET WHAT YOU NEEDED JEROEN YES, THANK YOU. ALL RIGHT. THANK YOU VERY MUCH. WE FORWARD TO SEEING WHAT COMES NEXT. ITEM FIVE ANOTHER STUDY ITEM IS A POTENTIAL MURAL ORDINANCE AND A SENIOR PLANNER JOHNSON HAS THIS ITEM . THANK YOU, CHAIRMAN. WHILE I GET SET UP HERE, I WANT TO. AND COMMISSION MEMBERS. OF COURSE. HOW ARE Y'ALL DOING? UM, I WANT TO POINT OUT THAT KEVIN TASK WITH LEGAL AND ALEJANDRO PELINKA THE DIRECTOR OF CREATIVE PLACEMAKING ARE ALSO ON THE CALL. SO THIS ELEMENT THIS NEXT ITEM THAT WE'LL DISCUSS VERY MUCH ESPECIALLY WITH YOUR ROLE AS LAND USE AND ZONING ADVISORY BOARD TO THE CITY OF BLOOMINGTON OR TO THE CITY COUNCIL VERY MUCH IS WITHIN THAT SPACE BUT THIS ONE IS ONE THAT CROSSES OVER AND OTHER LANDS AND SPACES AS SO IF YOU'RE LOOKING FOR EXPERTIZE KIND OF IN THOSE AREAS THAT YOU THINK ARE RELEVANT DON'T HESITATE TO CALL ON THEIR EXPERTIZE AS WELL. AND THANK YOU BOTH FOR BEING AT THE MEETING AND KEVIN AND ALEJANDRO. LET'S HEAR . OKAY. SO WHAT WE'RE HERE TO DISCUSS THIS EVENING SOME POTENTIAL CITY CODE AMENDMENTS AS WELL AS A SUPPORTIVE POLICY THAT WOULD KIND OF REIMAGINE HOW THE CITY REGULATES MURALS IN BLOOMINGTON. AND WE'LL TALK ABOUT WHY THAT'S NECESSARY HERE AND KIND OF WHAT OUR VISION IS FOR THAT. SO FIRST JUST A LITTLE BIT OF BACKGROUND. IF WE'RE ALL KIND OF STARTING FROM THE SAME PLACE JUST A CONTEXT SETTER IS THAT FOR THE MOST PART I THINK ALL THE DECISION MAKERS IN BLOOMINGTON FOR THE MOST PART HAVE BEEN VERYUPPORTIVE ANDXCITED AROUND THE DEPLOYMENT AND INSTALLATION OF MURALS AROUND BLOOMINGTON. THERE'S BEEN A NUMBER THAT HAVE BEEN INSTALLED OF COURSE CREATIVE PLACEMAKING HAS BEEN CREATED BUT OF COURSE HERE ON CIVIC PLAZA AND ART CENTER AND SO WE'VE HEARD A LOT OF POSITIVE FEEDBACK ABOUT MURALS IN BLOOMINGTON AND THERE HAS BEEN KIND OF AN ONGOING INTEREST OF HOW TO CREATE PATHWAYS TO TO HAVE GREATER ALLOWANCES FOR THEM. SO THE FIRST POINT REALLY IS JUST THAT MURALS AND I THINK KIND OF THE PURPOSE AND INTENT STATEMENT OF THE DRAFT ORDINANCE AS IT WAS LAID OUT FOR YOU KIND OF LAYS THIS OUT PRETTY WELL BUT DO HAVE VALUE IN KIND OF PROMOTING EXPRESSION. THEY DO ADD SENSE OF PLACE. THEY DO BUILD COMMUNITY IN KIND OF UNSEEN WAYS BUT THAT SOME OF THOSE THINGS AND WE'LL TALK ABOUT THAT WITH THE STANDARDS DO HAVE TO BE BALANCED WITH SOME KIND OF MAINTENANCE OF COMMUNITY ESTHETIC APPEARANCE STANDARDS BUT ALSO KIND OF PUBLIC HEALTH SAFETY WELFARE CONSIDERATIONS. SO THAT'S KIND OF YOU KNOW, THAT'S REALLY STRIKES AT THE HEART OF WHAT THIS POLIC IS ATTETING TO DO. THE MAIN REASON THAT WE'RE HERE AND WHY CITY CODE AMENDMENTS IS THAT THE CURRENT ZONING CODE IS NOT PARTICULARLY FRIENDLY TO MURALS AND THE PRIMARY REASON FOR THAT HAS TO DO WITH THE COATINGS WITHIN OUR EXTERIOR MATERIALS STANDARDS. SO WE'LL TALK ABOUT THAT IN A LITTLE BIT MORE SPECIFIC DETAIL WHEN WE GET THERE IN TERMS OF WHAT BROUGHT US TO THIS POINT KIND OF WHY WE'RE MOVING AHEAD WITH PRESENTING YOU A DRAFT ORDINANCE THIS EVENING. IF YOU RECALL IN JANUARY OF THIS YEAR THE ON THE CITY'S PLAN FOR THIS YEAR THE PLANNING COMMISSION WORKPLAN FOR THIS YEAR IS THE SIGN ORDINANCE AND WHEN WE STUDYING THE SIGN ORDINANCE ONE OF THE THINGS THAT WE DISCUSSED WAS MURALS AS PART OF THAT DISCUSSION AND AT THAT TIME AND MAYBE PART OF PREVIOUS EFFORTS TO MURALS AND SIGNS, WE'RE KIND OF ALWAYS LINKED TO ONE ANOTHER FROM A REGULATORY FRAMEWORK OR AT LEAST IN KIND OF THE MINDS OF OUR FOLKS WORKING ON IT. AND AS WE STARTED TO THINK ABOUT IT MORE, WE ACTUALLY CAME TO THE CONCLUSION IN SOME OF THE CASE LAW HAS ALSO DRAWN ND ODRIVEN US TO THIS POINT AS WELL JUST AROUND EXPRESSION BUT ULTIMATELY WE GOT TO THE CONCLUSION THAT THAT THESE THINGS DON'T NECESSARILY HAVE TO BE CLOSELY ALIGNED OR COUPLED THEY CAN BE DECOUPLED. THEY DO NEED TO TALK TO ONE ANOTHER. THERE IS IN SOME VARIOUS WAYS BUT ULTIMATELY WHAT WE DID WE DECIDED IS TO START WORKING ON A MURAL ORDINANCE AS A STANDALONE IN CONJUNCTION LATER TO KIND OF HAVE THE FUTURE SIGNED ORDINANCE TALK BACK TO IT IF THAT MAKES SENSE. UM, SO WHAT YOU'RE SEEING BEFORE YOU THIS EVENING IS IT'S A STANDALONE PROJECT FROM THE SIGN ORDINANCE PROJECT BUT I WANT TO KEEP IT ON PEOPLE'S RADAR SCREENS THAT ARE FUTURE WORK ON THE SIGN ORDINANCE THAT'S ONGOING CURRENTLY WILL WILL BE IN SYNC WITH THIS WORK TOWARD PRESENTING FOR YOU THIS EVENING. SO IN TERMS OF A TIMELINE OF WHAT WE'RE LOOKING AT SO THE WORK OF MURALS IS VERY MUCH IN TERMS OF THE COMMISSIONING OF THEM MORE RECENTLY IN BLOOMINGTON HAS VERY MUCH BEEN ON THE THE EFFORTS AND RESPONSIBILITIES OF CREATIVE CREATIVE PLACEMAKING. THEY HAVE AN ADVISORY COMMISSION SIMILAR TO PLANNING COMMISSIONS STAFF TO PRESENT THIS THE THE KIND OF STRUCTURE NOT THE SPECIFICS BUT THE STRUCTURE OF THIS POLICY AT THE LAST CATIVE PLACEMAKING COMMISSION AND GENERALLY SPEAKING THEY WERE VERY SUPPORTIVE OF OUR APPROACH. THEY WERE EXCITED THAT THERE'S THE POTENTIAL FOR GREATER OPPORTUNITY TO PURSUE THIS. I TO SAY A VERY IMPORTANT POINT ABOUT THE BACKGROUND ONCE AGAIN WHEN WE LOOKED AT THISN JAARY I SAID YOU TALKED ABOUT IT BOTH THE PLANNING COMMISSION AND CITY COUNCIL WERE UNANIMOUSLY SUPPORTIVE OF PURSUING POLICIES THAT OPEN THE DOOR FOR MORE MURALS. PRETTY IMPORTANT POINT THAT I FORGOT AND AS YOU RECALL THAT POLLING ACTIVITY WE DID WITH THE CLICKERS, A LOT OF THOSE WERE SPLIT VOTES YOU KNOW, 2 TO 3 TO YOU KNOW, MAYBE FOR ONE IN SOME CASES. BUT THE MURALS WAS FIVE ZERO WAS ACROSS THE BOARD. IT WAS ALWAYS UNANIMOUS. ONE OF THE THINGS THAT I REFLECTED ON FROM THAT EVENING SO MURALS REALLY PASSED THAT THAT POLLING TEST WITH FLYING COLORS BUT YEAH GETTING BACK TO THIS SO SORRY TO GO OFF COURSE THERE CREATIVE PLACEMAKING REVIEW THIS ON JUNE 7TH JUST AS PART OF THAT JUST WANT TO COMMUNICATE THAT WE'VE BEEN WORKING WITH THE DIRECTOR OF CREATIVE PLACEMAKING VERY CLOSELY THIS ONE AND SOMETHING THAT THEY DO WANT TO SEE GO FORWARD THE COMMISSION MEMBERS ARE VERY SUPPORTIVE OF THAT. SO WE'RE HERE BEFORE YOU THIS EVENING TO DO A STUDY SESSION TO REALLY BRING A DRAFT ORDINANCE BEFORE TO ANSWER YOUR QUESTIONS, TO GET YOUR FEEDBACK ON WHETHER OR NOT IT'S ON THE RIGHT TRACK FROM A LAND USE AND ZONING PERSPECTIVE. AND THEN IF IT IS IN CASE SO COMMISSIONER, YOU ASKED WHAT ARE WE LOOKING FOR? WE'RE LOOKING FOR KIND OF SIMILAR FEEDBACK. ARE WE ON THE RIGHT TRACK MORE SIMPLY PUT YEAH STAFF KEEP GOING FORWARD. THAT'S KIND OF WHAT WE'RE LOOKING FOR. SO SHOULD WE GO FORWARD CREATIVE PLACEMAKING COMMISSION WOULD THEN RECONVENE AT THEIR JULY MEETING ON THE 12TH. WE'D BE SEEKING FORMAL RECOMMENDATION OR LETTER OF SUPPORT FROM THEM AT THAT MEETING AND THEN AT THAT POINT WE WOULD SCHEDULE SOME PUBLIC HEARINGS AT PLANNING COMMISSION CITY COUNCIL LIKE ANY TYPICAL ORDINANCE PROCESS IN TERMS OF THE APPROACH THIS IS A LITTLE BIT DIFFERENT THAN A LOT OF THE CITY CODE AMENDMENTS AND OTHER THAT THE CITY HAS ADOPTED BUT IT IS MODELED ON SOMETHING THAT HAS WORKED REALLY WELL FOR PLANNING STAFF AND THAT HAS THAT IS THE THE LANDSCAPING ORDINANCE THE LANDSCAPING ORDINANCE HAS THE HARD AND FAST RULES WITHIN THE LANDSCAPING PROVISIONS OF OUR CITY CODE . BUT IT ALSO HAS AN ADMINISTRATIVE SUPPORT OF POLICY THAT IS ADOPTED CITY COUNCIL ORIGINALLY AND IS REFERENCED EMBEDDED IN CITY CODE BUT HAS A LOT OF ELEMENTS TO IT THAT ARE MORE ADVISORY OR DESIGN GUIDELINES OR RECOMMENDATIONS SO WHAT WOULD THAT BE IN THE AREA OF LANDSCAPING? WHAT WOULD THAT BE WOULD BE LIKE TREE SPECIES YOU KNOW WHAT ARE MORE SALT TOLERANT MATERIAL VERSUS NOT FOR PARKING LOTS FOR EXAMPLE. SO THIS WHEN WE STARTED CONSIDERING THIS AND THIS IS NOT AN AREA OF PUBLIC POLICY THAT IS WIDELY DEVELOPED ALL AROUND THE COUNTRY. NOT EVERY COMMUNITY HAS A MURALS ORDINANCE OR A MURALS POLICY. IT'S VERY MUCH MORE KIND OF ON THE LEADING EDGE I GUESS OF IT. NOT TO SAY THAT THERE AREN'T CITIES THAT HAVE HAD POLICIES FOR SEVERAL YEARS BUT YOU'RE NOT GOING TO FIND MURALS PROVIONSN EXCEPT VERY KIND OF BASIC ELEMENTS IN A LOT OF OTHER CITIES. SO WE THOUGHT THAT THIS APPROACH THAT WE CAME UP WITH OR THAT WE MODEL OFF THE LANDSCAPING ORDINANCE OF HAVING THE HARD AND FAST RULES BE IT WITHIN CITY BUT ALSO HAVE THIS SUPPORTIVE POLICY DOCUMENT THAT TRULY IS ADMINISTERED BY THE CREATIVE PLACEMAKING DIRECTOR AND THE PLANNING MANAGER KIND OF THOSE TWO DIFFERENT LANES OF EXPERTIZE IS COMING TOGETHER AS BEING A REALLY GOOD APPROACH BECAUSE IT WOULD GIVE THE CITY THE OPPORTUNITY TO KIND OF MAKE REALLY CLEAR GUIDANCE AND RECOMMENDATIONS AROUND CERTAIN ELEMENTS OF MURALS AND CERTAINLY THAT WE DON'T THINK IT'S NECESSARILY APPROPRIATE OR PERFECTLY FIT WITHIN CITY CODE . THE OTHER ELEMENT JUST TO THAT MORE SIMPLY IS IT JUST BECAUSE IT'S AN EASIER WAY TO OUTLINE ALL T ADMINISTRATIVE ELEMENTS YOU WHAT IS ALL THE REQUIRED CONTENT OF A MURAL PERMIT APPLICATION HAVE TO HAVE WITHIN IT HAVING IT IN A SUPPORTIVE POLICY GIVES THAT STAFF THE ABILITY TO KIND OF REFINE AND CHANGE THOSE THINGS AS NEEDED SO LONG A THE ELEMENTS ARE NOT IN CONFLICT WITH ANYTHING THAT'S WITHIN THE CITY CODE OBVIOUSLY THE CITY CODE NOTHING WITHIN THAT POLICY COULD BE ADOPTED THAT WOULD BE IN CONFLICT WITH THAT . SO HOPEFULLY THAT MAKES SOME SENSE. I KNOW IT'S NOT A COMMON APPROACH TO A LOT OF THE THINGS WE DEAL WITH BUT MURALS ARE NOT A COMMON THING THAT WE DEAL WITH EITHER. SO IN TERMS OF THE CONTENT OF THE MURALS IN ITSELF, I'M JUST GOING TO TOUCH BRIEFLY ON THE BOLDED ITEMS BUT THESE WHAT'S ON YOUR SCREEN BEFORE YOU ARE IS KIND OF THE BASIC ELEMENTS OF WHAT'S CONTAINED WITHIN DRAFT ORDINANCE. SO GETTING TO THE DEFINITION THERE'S JUST A COUPLE THINGS I WANT TO TOUCH ON. I'M NOT GOING TO READ THIS WORD FOR WORD BUT A COUPLE OF THINGS I WANTED TO TOUCH ON IS THAT A THE DEFINITION ATTEMPTS TO MAKE CLEAR DIFFERENTIATION BETWEEN MURALS AND SIGNAGE. THAT'S AN IMPORTANT ELEMENT AND WILL BE IMPORTANT AS WE ADOPT NEW SCIENCE STANDARDS. IT DOES INCLUDE A PROVISION THAT UNIFORM PAINTING OR COATING OF AN EXTERIOR BUILDING SURFACE DOES NOT CONSTITUTE A MURAL. WE'LL TAL A LITTLE BIT MORE ABOUT OUR AREA STANDARDS LATER. BUT BLOOMINGTON HAVING A PAINTING OR CODING RESTRICTION WE DO WANT TO ENSURE THAT MURALS DOES NOT BECOME AND RUN KIND OF AROUND SOME OF THOSE REGULATORY PROVISIONS AND THEN WE ALSO WANT TO DIFFERENTIATE IT FROM GRAFFITI THAT WAS IMPORTANT TO ENVIRONMENTAL STAFF AND MAKES PERFECT SENSE TO ME AND JUST FOR THE FOR THE FOR YOUR BENEFIT AND FOR THE PUBLIC'S BENEFIT GRAFFITI OBVIOUSLY WE SEE THINGS IN MURALS OR ON BUILDINGS THAT APPEARS TO BE GRAFFITI. THAT'S NOT HOW LIKE FROM A PUBLIC POLICYERSPTIVE GRAFFI IS AN ART FORM COLLOQUIALLY OR COMMONLY KNOWN AS BUT IN THIS SENSE GRAFFITI IS THINGS THAT ARE ETCHED OR PAINTED ON BUILDINGS WITHOUT PROPERTY OWNER CONSENT. SO I JUST WANT TO MAKE THAT CLEAR DISTINCTION IN THAT IN TERMS OF NOW THINGS THAT GETTING MORE HARD TO THE ZONING CODE AND DEVELOPMENT THINGS THAT YOU DEAL WITH SO AS I MENTIONED THE EXTERIOR MATERIALS STANDARDS DOES HAVE RESTRICTIONS ON PAINTING AND CODING OF PRIMARY MATERIALS AND SO WHAT THIS ORDINANCE WOULD DO IS IT WOULD CREATE AN EXCEPTIO TO THAT CODING RESTRICTION FOR MURALS THAT HAVE BEEN APPROVED AS PART OF A MURAL PERMIT PROCESS THAT'S REVIEWED BY STAFF. SO IF YOU GET A MURAL PERMIT APPROVED THE DESIGN GOOD TO GO. THE PLANS ARE ALL CONSISTENT WITH CODE AS REVIEWED STAFF YOU HAVE NOW GRANTED YOURSELF AN EXCEPTION TO THIS CODING RESTRICTION. THEORETICALLY IF THE MURAL IS A PAINTED MURAL OR A COATING NOT ALL MURALS ARE PAINTED. I SHOULD MAKE THAT DISTINCTION BUT IT DOES ALLOW FOR THAT. THE OTHER THING IN OUR CURRENT ORDINANCE WHICH I TALKED ABOUT KIND OF BARRIERS OR THAT THE CODE IS UNFRIENDLY TO MURALS THE CURRENT CODE ACTUALLY EXPLICITLY STATES THAT MURALS CANNOT APPLIED TO A PRIMARY BUILD DIRECTLY TO A BUILDING CURRENTLY AND SO THIS WOULD STRIKE THAT LANGUAGE THAT IT CAN'T BE DIRECTLY APPLIED TO GET INTO THE MURAL PERMIT PROCESS. I DON'T NEED TO LINGER HERE TOO LONG BUT SIMILAR TO ASSIGNED PERMIT SOMEONE BEFORE INSTALLING A MURAL WOULD HAVE TO GET A MURAL PERMIT. IT WOULD BE REVIEWED ADMINISTRATIVELY IT'D BE $100 FEE AS CURRENTLY PROPOSED THE CREATIVE PLACEMAKING DIRECTOR AND PLANNING MANAGER WOULD BE THE TWO ASSIGNED AUTHORITIES TO APPROVE THAT PERMIT AND AGAIN THIS IS JUST ONE OFHOSE AREAS IT'S KIND OF ODD HAVE TWO DIFFERENT AUTHORITIES IN THAT REGARD BUT THIS IS ONE OF THOSE AREAS YOU JUST HAVE TWO DISTINCTLY DIFFERENT AREAS OF EXPERTIZE AND JUST AN ADMINISTRATIVE POINT IF TUBLIC ORHE APPLICANT I SHOULD SAY NOT THE PUBLIC BUT IF THE APPLICANT DISAGREED WITH THE STAFF DECISION TO A MURAL PERMIT THERE WOULD BE ABILITY TO APPEAL DECISION TO THE CITY COUNCIL AND THIS KIND OF FOLLOWS SOME OTHER SIMILAR NOT OFTEN USED PERMIT TYPES WITHIN OUR CITY CODE LIKE TEN PERMITS AND SOME OTHER THINGS. SO GETTING TO PROHIBITED MURAL TYPES THIS IS REALLY WHERE WE HAVE TO RELY OUR LEGAL COLLEAGUE, OUR COLLEAGUES IN LEGAL AND I SHOULD SAY THAT ON A PRELIMINARY LEVEL WE HAVE HAD SOME DISCUSSIONS AROUND MURALS WITH THE SAME CONSULTING ATTORNEY WHO IS WORKING WITH STAFF ON THE SIGN ORDINANCE. JOHN BAKER WITH GREENHOUSE BALL AND KEVIN TASCA AND I HAVE BEEN STUDYING THIS ISSUE QUITE A BIT. LAWS OR CASE LAW AROUND EXPRESSION HAS CHANGED QUITE A BIT IN THE LAST 5 TO 10 YEARS AND SO WHILE WE WANT TO MAKE SURE AGAIN A WITH RESPECT TO PROHIBITED MURALS THIS IS A PERFECT EXAMPLE OF HAVING WANTED TO STRIKE THAT BALANCE OF ALLOWING FOR GREATER EXPRESSION BUT ALSO PROTECTING PUBLIC HEALTH PEACE OR PUBLIC HEALTH AND SAFETY SO PROHIBITED MURAL TYPES THE CITY REALLY AT A QUITE LIMITED POSITION TO REGULATE CONTENT. THAT'S NOT THE INTENT OF THIS BY ANY MEANS BUT WHAT WE DO WANT TO DO IS CREATE THE PROVISIONS OR INCLUDE THE NECESSARY PROVISIONS THAT ARE THAT BASICALLY WOULD PROTECT AGAINST AREAS WHERE THERE COULD BE A THREAT TO PUBLIC SAFETY. AND THESE ARE AREAS THE CURRENT CASE LAW AND KEVIN CAN TALK ABOUT THIS IN GREATER DETAIL IF THERE'S AN INTEREST IN THAT BUT WHERE THE CITY IS BETTER POSITIONED OR ON FIRM LEGAL GROUND TO RESTRICT SOME OF THESE THINGS ACCORDING TO SUPREME COURT DECISIONS RELATED TO FIRST AMENDMENT STUFF. SO IMITATING AN OFFICIAL TRAFFIC SIGN OBVIOUSLY THAT COULD BE A THREAT TO VEHICULAR OR PEDESTRIAN SAFETY IF YOU HAD A MURAL THAT LOOKS LIKE A STREET LIGHT RIGHT NEXT TO AN INTERSECTION OR SOMETHING OBSCURING OR CONCEALING LIFE SAFETY EQUIPMENT THAT'S SOMETHING THAT'S IMPORTA TO THE FIRE MARSHAL. OBVIOUSLY YOU GOT FIRE DEPARTMENT CONNECTIONS OR YOU HAVE ALARMS OR IF YOU PAINT OVER THOSE THINGS OR OBSCURE THOSE THINGS THEN A PUBLIC SAFETY STAFF CAN'T FIND THAT EQUIPMENT THAT WOULD NOT BE AN ACCEPTABLE CONDITION. THEN THESE NEXT THREE ARE REALLY RELIANT ON SOME OF THOSE LEGAL ARGUMENTS BUT ARE IMPORTANT MURALS THAT COULD INCITE OR PRODUCE LAWLESS ACTION MURALS THAT CONVEY THREATS OF VIOLENCE AT PERSONS OR GROUPS. THIS IS KIND OF THE PARAPHRASED SNIPPET ON THE SCREEN BUT THE FULLER ORDINANCE HAS A LITTLE MORE LANGUAGE AND THEN MURALS THAT ARE INVOLVED SEXUAL CONDUCT IN AATENTLY OFFENSIVE WAY. SO I DON'T ANTICIPATE THIS TO BE A PROBLEM IN THE FUTURE BUT SHOULD THERE BE ANY ISSUES WITH THE CONTENT OF A MURAL THAT IN CLEAR VIOLATION OF SOME OF THESE STANDARDS THEN THE CITY COULD USE THESE PROVISIONS TO DENY SAID OR PERMIT GET INTO THE GENERAL STANDARDS? I'M NOT GOING TO TOUCH ON ALL OF THESE EITHER BUT I DID THROW A NUMBER OF THEM ON THE SLIDE. I WANT TO TOUCH ON FOUR OF THEM BUT A MAXUMREA I TALKED ABOUT THE POTENTIAL FOR A KIND OF END AROUND OF A BUILDING WANTS TO BE CODED BUT SO THEY APPLY FOR A MAYORAL PERMIT BECAUSE THEY KNOW IT'S THE ONLY WAY TO POTENTIALLY CODE ON THEIR BUILDING THIS AREA PROVISION WOULD LIMIT THE MAXIMUM AMOUNT OF CODING TO 50% OR MURALS ON A BUILDING WOULD BE LIMITED TO 50% OF THE ELEVATION AREA IN TERMS OF PROJECTION AND THAT'S NOT NOT TO BE CONFUSED WITH VISUAL PROJECTION THAT'S A DIFFERENT CATEGORY OF ART KIND OF PROJECTION ART BUT PROJECTING LIKE PHYSICAL PROJECTION THE BUILDING SOME MURALS DO INVOLVE THREE TWO ARE THREE DIMENSIONAL AND DO INVOLVE ACTUALLY MOUNTING OBJECTS OR SHAPES OR PATTERNS OF WITH DIFFERENT OBJECTS ON ONTO A BUILDING. AND SO WHAT THIS STANDARD WOULD CREATE IS A MAXIMUM OF TWO FEET. IT ALSO INCLUDES STANDARD ABOUT NOT ENCROACHING INTO PUBLIC EASEMENTS OF RECORD WHICH IS IMPORTANT TO ENGINEERING AND PUBLIC WORKS IN TERMS OF GNAG SO AGAIN THINKING ABOUT THE DECOUPLING THESE THINGS ARE NOT NECESSARILY THE SAME THING MURALS MAYBE INCORPORATE IT INTO A SANTA OR I SHOULD SAY SIGNS CAN BE INCORPORATED INTO A MURAL BUT WITH LIMITATIONS SO LIMITED TO 10% OF THE THE MURAL AREA AND THEN THE LAST ONE I'LL TOUCH ON IS JUST KIND OF NO FLASH MOTION OR FLASHING YOU CAN'T HAVE MECHANICAL ELECTRICAL COMPONENTS THAT CREATE MOTION AND THINGS WITHIN WITHIN THE MURAL ITSELF WHICH SUGGESTS THAT BECAUSE THOSE ARE CURRENT RESTRICTIONS PROHIBITIONS WITHIN OUR SIGN ORDINANCE SO WE WOULD DO ON A TRY AND HAVE SOME CONSISTENCY BETWEEN THOSE THINGS WHEN IT MAKES SENSE. I GUESS THE LAST THING I'LL SAY ABOUT IT AND WE DISCUSSED THIS AT CREATIVE COMMISSION TWO IS THAT THE TECHNOLOGY AND THE METHODS AND STYLES OF MURALS ARE CHANGING AT A PRETTY FAST PACE. SO IT WOULDN'T SURPRISE ME AS OVER THE NEXT TEN YEARS IF THIS CATCHES ON OR IF SOME FOLKS ARE INTERESTED MURALS AT Y KNOW, THE CITY MIGHT BE IN A POSITION TO HAVE TO REVISIT SOME OF THESE STANDARDS OVER TIME ASSUMING THAT PUBLIC HEALTH SAFETY WELFARE CAN BE MAINTAINED WITH SOME OF THOSE CHANGES BUT THAT YOU KNOW, IT'S KIND OF AN ARENA THAT'S CHANGING QUICKLY AS FAR AS OUR SCIENCE FOR THAT MATTER. SO I WON'T GO INTO GREAT DETAIL ABOUT THE MURALS POLICIES AND PROCEDURES DOCUMENT THAT WAS ALSO IN YOUR PACKET FOR YOUR CONSIDERATION. BUT WHAT I WILL SAY ABOUT IT I KIND OF MENTIONED BEFORE THIS IS REALLY THE MAIN TO ALLOW TO OUTLINE SOME OF THOSE ADMINISTRATIVE PROCEDURES. SO WHAT WHAT ARE THE REQUIRED ITEMS YOU HAVE TO HAVE IN YOUR MAIL PERMIT? AND THEN IT'S ALSO AN OPPORTUNITY FOR STAFF TO COMMUNICATE DESIGN GUIDELINES AND RECOMMENDATIONS TO ARTISTS OR ENTREPRENEURS OR BUILDING OWNERS IN A WAY TO MAKE SURE THAT THEY'RE MARYLANDERS THAT IT'S THE THE SITE OR THE SURFACE AS WELL PREPPED SOME MAINTENANCE CONSIDERATIONS AS WELL AND I, I DIDN'T INCLUDE A SLIDE ABOUT MAINTENANCE BUT MAINTENANCE IS A PIECE OF THIS TOO SIMAR TO OTHER COMPONENTS OF PERMITS YOU DO NEED TO HAVE AN APPROVED MAINTENANCE PLAN. THIS CODE WOULD ALSO GIVE THE CITY THE ABILITY TO REQUIRE REPAIR OF A MURAL THAT WAS FELL INTO A STATE OF DISREPAIR. SO THOSE ARE THE MAIN PROVISIONS I WANTED TO DISCUSS WITH YOU AND I THINK WHAT STAFF IS REALLY LOOKING FOR IS TO MAKE SURE WE'RE ON THE RIGHT TRACK AND TO MAKE SURE THIS IS CONSISTENT WITH WHAT ALL THESE WITH WHAT PLANNING COMMISSION CITY COUNCIL AND CREATIVE PLACEMAKING KIND OF ENVISIONED WHEN WE GOT THAT UNANIMOUS SUPPORT TO MOVE FORWARD GREAT. WE'RE HAPPY TO TAKE QUESTIONS IT'S DISCUSSION AND FEEDBACK FOR STAFF COMMISSIONER ALBRECHT THANK YOU CHAIR. I HAVE A COUPLE OF QUESTIONS. FIRST OFF, I WAS THE FIRST THING I WROTE DOWN YOU WERE TALKING ABOUT WAS PAINTING BRICK BECAUSE I KNOW THAT'S SOMETHING COME COME TO OUR DESKS A FEW TIMES AND USUALLY IS NOT APPROVED SO IT'S JUST A COMMENT BUT SO QUESTION REGARDING THE REVIEW AND APPROVAL PROCESS LET'S SAY FOR EXAMPLE MR. MARKEGARD SAYS NO AND YOUR PLACEMAKING MANAGER SAYS YES. WHAT HAPPENS THEN. YEAH THANK YOU FOR THAT QUESTION. CHAIR COMMISSIONER ALBRECHT SO WE DO HAVE ONE OTHER PROCESS IN CITY CODE THAT HAS MULTIPLE ACALLY HAS THREE CITY ASSESSORS CITY ENGINEER AND PLANNING MANAGER. IT'S THE TAX PARCEL COMBINATION PROCESS SO IT'S KIND OF LIKE PLAT LIGHT IT'S FOR WELL IT'S NOT CHANGING BOUNDARIES BUT IT'S BASICALLY CHANGING LEGAL ENTITIES. IT'S LIKE IT'S BASICALLY REPLACES THE ZONING LOT PROCESS. SO WE'VE HAD A FEW OF THOSE APPLICATIONS THAT VARIOUS ARRANGEMENT THAT YOU TALK ABOUT HAS NOT OCCURRED AND THOSE ARRANGEMENTS I WOULD ASSUME THAT THE TWO PEOPLE WITHIN THOSE ROLES WOULD MAINTAIN A PROFESSIONAL RELATIONSHIP IN TERMS OF THEIR REVIEW AND ALYSIS AND UNDERSTANDING. BUT FROM JUST A CITY CODE PERSPECTIVE IF THE THE AUTHORITIES WHO ARE IDENTIFIED TO REVIEW AND OUR NECESSARY TO APPROVE IT THEN THAT PERMIT WOULD NOT BE APPROVED AT THAT POINT THEY WOULD HAVE THE OPPORTUNITY TO APPEAL OF COURSE BUT YES. YEAH JEROME AND COMMISSIONER ALBRECHT I'D JUST POINT OUT THAT WHETHER IT IS FROM ONE OF THE TWO PARTIES OR FROM BOTH PARTIES APPLICANT COULD ALWAYS APPEAL THAT AND THAT WOULD COME BEFORE THE PLANNING COMMISSION AND CITY COUNCIL JUST CITY COUNCIL AS CURRENTLY OR IT'S SET UP FOR JUST THE CITY COUNCIL. SORRY SORRY TO INTERRUPT THERE BUT THE OTHER THING I WOULD SAY TO IS JUST TO PROVIDE A LITTLE MORE BACKGROUND IS THAT THE CREATIVE COMMISSION COMMISSIONS MURALS AND SO THIS WAS THROUGH AN INTERNAL REVIEW PROCESS OUR ORIGINAL DRAFT HAD THE DIRECTOR OF CREATIVE PLACEMAKING BEING THE SOLE APPROVER AND FOR A VARIETY OF OTHER KIND OF ADMINISTRATIVE REASONS JUST IN TERMS OF THE AUTHORITY OF THAT PITION AS IDENTIFIED IN THE CITY CODE IT'S NOT POSITION THAT'S APPROVING OTHER DEVELOPMENT APPLICATIONS PER SE. SO THE READS THAT'S WHY THE PLANNING MANAGER WAS BROUGHT IN IN THAT DUAL ROLE IS THAT THE PLANNING MANAGER UNDER CITY CODE HAS THE AUTHORITY TO APPROVE ADMINISTRATIVE DEVELOPMENT APPLICATIONS IF THAT MAKES SENSE. BUT IN ADDITION TO THAT THERE WAS SOME CONCERN THAT WE DIDN'T THE CITY DID NOT WANT TO BE A PEER AND A CONFLICT OF INTEREST TYPE SITUATION WHERE THE THE THE PERSON SIGNING OFF ON THE PERMIT SERVES THE BOARD AND COMMISSION WHO IS COMMISSIONING A MURAL IF THAT MAKES SENSE IT'S PROBABLY WAY MORE INFORMATION THAN YOU KNOW. YEAH I MEAN MY THOUGHT ABOUT THIS WAS ART IS SO PEOPLE JUST HAVE DIFFERENT PREFERENCES AND ART THAT THEY LIKE AND DON'T LIKE AND SO I JUST WOULD CAUTION THAT THERE WOULD BE A WAY TO NOT HAVE YOU KNOW, JUST OH WE JUST DON'T LIKE THAT AND THEN DOESN'T BECOME A MURAL SO THAT THAT WOULD BE MY ONLY THING MY OTHER MY OTHER QUESTION WAS IS THERE ANYTHING IN THIS ABOUT ANY LIKE POLITICS OR POLITICAL STANCE? FOR EXAMPLE, LET'S SAY CITY COUNCIL MEMBER DECIDED THEY WERE LIKE WELL I HAVE THIS BUILDING AND I'M GOING TO PUT A BIG MURAL ON IT BUT I'M ALSO GOING TO SAY X, Y, Z FOR COUNCIL. IS THAT ALLOWED? YEAH, I WELCOME KEVIN TO ASK YOU TO WEIGH IN WHERE HE THINKS I'M NOT IN THE GAPS BUT ONE THING THAT WEOULDOOK AT IFT'SF THE CONTENT OF THE SITE OF THE MERE PROPOSED MURAL DID NOT TOUCH ON ONE OF THOSE FIVE CLEAR PROHIBITED MURALS, THE CITY WOULD NOT BE IN A POSITION TO DENY THAT APPLICATION ON THE BASIS OF IT BEING PROHIBITED. THAT BEING SAID, WHAT WE WOULD HAVE TO EVALUATE IS WHETHER OR NOT THE PROPOSED CONTENT DOES CONSTITUTE A SIGN. IF IT DOES CONSTITUTE A SIGN IT WOULD MOST LIKELY IT WOULD THEN BE TO THE 10% AREA THAT WE'RE PROPOSING ASSUMING THAT THE ORDINANCE GOES FORWARD UNCHANGED BUT THAT THAT'S MORE INTENDED COMMERCIAL SIGNAGE THERE'S OTHER FORMS OF SIGNAGE THEN THERE'S OTHER FORMS OF SPEECH THAN COMMERCIAL SPEECH. SO I DON'T KNOW IF KEVIN YOU HAVE ANYTHING TO ADD TO THAT THAT'S A GOOD THOUGH. YEAH. I MEAN NOT SURE ROHMAN AND COMMISSIONER ALBRECHT TO ANSWER YOUR QUESTION. YEAH ONCE KIND OF THE THING WITH NONCOMMERCIAL EXPRESSION IS THAT WHEN CITIES GET INTO THE KIND OF TASK OF TRYING TO REGULATE WHAT'S KOSHER AND WHAT'S NOT THE COURTS REALLY DON'T LIKE THAT. SO AND YOU KNOW, THE COURTS ARE KIND OF INCONSISTENT ON ON HOW THEY APPLY THE FIRST AMENDMENT LAW SOMETIMES. SO YOU KNOW, KIND OF THE RISK WHEN YOU OPEN UP THE DOOR TO A LOT OF EXPRESSION IS YOU MIGHT DISTASTEFUL OR YOU KNOW EXPRESSION THEN SOME MIGHT CONSIDER OUT OF PLACE OR OFFENSIVE OR WHATEVER IT MIGHT BE AND THAT'S KIND OF THE RISK YOU RUN WITH MORE EXPRESSION. SO THE MORE WE START REGULATING WHAT CONTENT CAN BE IN MURALS LIKE THE HARDER COURTS WILL LOOK AT IT AND USUALLY THEY DOWN THOSE KIND ORDINANCE PROVISIONS WITH CONTENT. SO WHAT YOU SEE IN THE AUDIENCE NOW IS THAT WE PROHIBIT SEVERAL TYPES OF CONTENT BUT THAT'S ALREADY EXPRESSION THAT'S NOT PROTECTED THE FIRST AMENDMENT. SO THINGS LIKE OBSCENE SEXUAL CONTENT OR THINGS THAT ARE LIKELY TO PRODUCE VIOLENCE OR IMMINENT LAWFUL ACTION KIND OF THOSE FIGHTING WORDS OR INSULTS TYPE WORDS THAT'S ALL UNREGULATED. SO WE CAN DO THAT. BUT WHEN YOU START GETTING INTO POLITICS AND THE BOUNDS OF POLITICS ARE KIND OF EVOLVING AND WHAT'S POLITICAL IS EXPANDING AND YOU GET YOU GET INTO TROUBLE WITH THE COURTS THAT WAY. SO WE KIND OF WANTED TO STAND A GOOD FIRST AMENDMENT GROUND SO THAT'S A WORDY ANSWER BUT I THINK YOU KNOW FOR OUR PURPOSES LIKE LIKE I SAID IT'S JUST GET INTO THE GETTING INTO THAT CONTENT REGULATION IS TOUGH WORK SO I HOPE THAT ANSWERS YOUR QUESTION. YEAH. THANK YOU. IS THE AND I'M SORRY I GO BACK TO THE DETAILS OF THE DRAFT ORDINANCE BUT IS THE 10% SIGN ALLOWANCE IS THERE ANYTHING IN THERE THAT'S 10% OR THE MAXIMUM ALLOWED UNDER THE SIGN ORDINANCE THINKING FOR EXAMPLE IS THAT 10% A WAY TO GET A BIGGER THAN YOU MIGHT OTHERWISE BE ALLOWED TO HAVE? YEAH CHAIRMAN QUESTION SO THE SIGN ORDINANCE WOULD STILL BE APPLICABLE. THEY'RE STILL SUBJECT TO MAXIMUM AREA REQUIREMENTS OF THEIR WALL SIGN BASICALLY AS IT'S CURRENTLY CONSTITUTED WE'RE KIND OF MOVING MORE TOWARDS A GENERIC OR GENERAL BUILDING SIGN. YEAH. MODEL BUT YES SO THEY'D BE SUBJECT TO BOTH A SIGN IS SUBJECT TOLL THE IF IF DESIGNATE IF CLEAR THAT IT DOES MEET THE DEFINITION OF A SIGN THEN IT'S GOING TO BE SUBJECT TO THE SIGN ORDINANCE SO IT'S A BOTH OKAY SO THE TEN AND THE MORE RESTRICTIVE 10% IS NOT A WAY TO GET A BIGGER SIGN. NO QUESTION YEAH THANKS. CHAIR MR. JONES, I WANT TO GO BACK TO THE TO APPROVER THING HERE SO WHEN WHEN THE TWO FOLKS WHO ARE APPROVING THIS THEIR CRITERIA FOR WHETHER IT'S APPROVED OR NOT IS REALLY THOSE SORT OF BULLET POINTS THINGS THAT ARE NOT APPROVED. IT REALLY CAN'T ANYTHING LIKE I DON'T LIKE THIS OR IT'S NOT THEY HAVE NO GROUNDS FOR THAT. IT'S REALLY DOES IT NOT OFFEND YOU KNOW IT DOES IT NOT MEET THESE BULLET POINTS AND IF SO THEN IT'S A MUST APPROVE TYPE OF A SITUATION EFFECTIVELY CHAIR COMMISSIONER COOKED AND THAT'S CORRECT ASSUMING THAT THEY MEET ALL THE OTHER REQUIREMENTS OF THE MAYORAL PERMITTING PROCESS THEY DO HAVE TO HAVE A MAINTENANCE PLAN. THEY TO DO ALL THOSE OTHER THINGS. GREAT THANK YOU. A DIFFERENT TOPIC HERE. I WOULD EVEN HAVE MORE COULD YOU GO BACK TO THE GENERAL STANDARDS? THERE YOU GO. THE FIRST BULLET POINT IS THE ONE THING THAT'S GIVING ME PAUSE ABOUT THIS WHOLE THING HERE THAT YOU LIMITED TO 50% OF THE ENTIRE BUILDING ELEVATION WHILE AREA. COULD YOU JUST SPEAK IN A LITTLE MORE ABOUT THAT ONE? YEAH SURE. COMMISSIONER KURKJIAN SO WE'VE HAD INTERNAL DISCUSSION ABOUT THAT ONE AS WELL. THE REASON WHERE WE THE REASON WHY WE LANDED AT 50% AND THIS TIES A LITTLE BIT TO THE DEFINITION. SO ON ONE SIDE YOU HAVE THE CREATIVES I'LL CALL THEM ALEJANDRO, I'LL CALL YOU THE CREATIVE KIN OF WANTING MORE ALLOWANCE FOR EXPRESSION AND THE REASON BEING FOR THAT IS THAT THERE'S A LOT OF MURALS THAT HAVE BEEN INSTALLED ARE THE FULL BUILDING WALL 100% OF A SINGLE ELEVATION. SO WHERE WE STARTED WAS POTENTIALLY, YOU KNOW, LIMITING 80% OF AN INDIVIDUAL ELEVATION AND THEN SAY 25% OF THE FULL BUILDINGS BUT AS WE DISCUSSED IT MORE AND WANTING TO RECOGNIZING THAT SOME MURALS ARE THE FULL BUILDING ELEVATION AND THAT IF YOU HAD A IF SAY YOU HAD A RECTANGULAR BUILDING AND SO YOU WANTED IT ALONG ONE OF THE LONG WALLS IF YOU HAD A MAXIMUM 25% OF ALL TOTAL BUILDING SIDES, YOU'RE NOW IN VIOLATION OF THAT JUST ON THE BASIS OF KIND OF THE CONFIGURATION OR SHAPE OF YOUR BUILDING IN TERMS OF ONE WALL BEING A LARGER PERCENTAGE THAN SAY A SHORT WALL WOULD BE OR A SMALLER WALL. SO THE 50% MEAN IT WOULD MEAN HOW WE WOULD REVIEW THAT BASICALLY AS WE WOULD TOTAL UP THE SQUARE FOOTAGE OF ALL FOUR BUILDING ELEVATIONS OR ELEVATION AREAS AS WE CALL THEM AND THE MAXIMUM AMOUNT OF MURALS THAT YOU COULD HAVE WOULD BE 50% OF THAT TOTAL ON A BUILDING. AND AGAIN THIS BACK TO MY COMMENT ABOUT NOT WANTING THIS POLICY TO BE A POTENTIAL AND RUN AROUND THE COATING RESTRICTION. AND THAT ALSO TIES TO THE THE THE POINT IN THE DEFINITION AGAIN THIS IS SOMETHING WE'RE STILL STUDYING AND WE STILL NEED TO REVIEW IT TO MAKE SURE WE'RE ON FIRM LEGAL GROUND. BUT WHAT WE DON'T WANT TO HAVE HAPPEN IS SOMEONE TO GENERICALLY PAINT A WALL PURPLE AND ALL ONE COLOR AND SAY THAT IS MY ARTISTIC EXPRESSION AND HAVE THAT BE JUST A WAY TO CIRCUMVENT KIND OF THE OTHER THE OTHER STORIED AND WELL SUPPORTED STANDARD THAT BLOOMINGTON HONORED FOR A LONG PERIOD OF TIME. SO THERE'S THERE'S COMPETING INTERESTS HERE AND THIS IS OUR ATTEMPT TO KIND OF THREAD THE NEEDLE. MR. CHAIR, THIS IS THE THING I STRUGGLE WITH THE MOST. IF IT'S 50, WHY IT BE00? KEF WE'RE ALLOWING IT ON 50% AND WE'RE SAYING THAT'S OKAY AND WE'RE GOING TO PUT IN STANDARDS ABOUT HAS TO BE REPAINTED AND HAS TO BE PROTECTED AND ALL THAT STUFF THEN WHY NOT JUST LET THEM DO 100 AND I WAS THINKING ABOUT THE TEST CASE OF OKAY WE'VE GOT AN UGLY BRICK BUILDING AND THE BUILDING OWNER WANTS TO MAKE IT BETTER AND WE DON'T ALLOW THEM TO PAINT THE BRICK BECAUSE IT COULD BE A NUISANCE THING BUT LIKEF AGAIN IF WE'RE PUTTING IN STANDARDS THAT IT HAS TO BE MAINTAINED AND WE'RE GOING CHECK ON THEM AND WE HAVE THE ABILITY TO ENFORCE THAT. I'M NOT SURE IF WE IF WE SAID WELL YOU CAN'T PAINT IT PURPLE OR BLACK BUT YOU CAN'T PUT A MURAL AROUND THE WHOLE THING. THAT DOESN'T SOUND SO BAD TO ME LIKE I THINK THAT'S A DECENT COMPROMISE. LIKE I THINK WE'RE GETTING SOMETHING IN THAT LIKE GETTING A FULL BUILDING MURAL THAT COULD BE KIND OF COOL AND SO FOR ME I, I DON'T LIKE THE 50% THING I, I LIKE 100 BUT I DON'T KNOW I'D BE CURIOUS ON OTHER COMMISSIONERS THOUGHTS ON THAT AND TO HELP ME ANSWER VISUALIZE THAT QUESTION OR HOW I WOULD RESPOND TO THAT, I THINK KIND OF GOES HAS ME QUESTIONING IS THERE A USE RESTRICTION IS IT LIKE CAN I IS BASED ON RESIDENTIAL IT IT HAS TO BE A COMMERCIAL CORRIDOR RESTRICTED ON A BUILDING OR LIKE I'M TRYING MAYBE I MISSED IT IN THE STAFF REPORT BUT YEAH WHERE ARE THE TYPES OF WALLS I WOULD EXPECT TO SEE A MIRROR. IS THERE A RESTRICTION ON DISTRICTS OR I GUESS THAT WOULD HELP ME KIND OF UNDERSTAND LIKE COULD I PAY MY HOUSE AND SAY THAT THAT'S ARTISTIC MY ENTIRE FENCE OR DO I EXPECT THAT TO BE ON LIKE WHEN I'M ON AMERICAN BOULEVARD TOWARD THE APARTMENTS? SO I GUESS I'M TRYING LIKE PLACE MY HEAD MY BRAIN TO VISUALIZE WHAT THE STANDS WILL LOOK LIKE ESSENTIALLY. YEAH. CHAIR COMMISSIONER ABDI THAT'S A GOOD QUESTION AND THANKS FOR I DIDN'T MENTION THAT IN MY SLIDES SO THANKS FOR THAT'S AN IMPORTANT CLARIFICATION TO MAKE IS THAT AS CURRENTLY CONSTRUCTED WE'RE NOT PROPOSING TO HAVE A LOCATIONAL LIMITATION ON WHERE MURALS CAN BE DEPLOYED. SOME OF THAT IS TIED TO KIND OF HOW THE BLOOMINGTON ZONING REGIME IS SET UP IN TERMS OF THAT WE HAVE A LOT OF INSTITUTIONAL USES THAT ARE ZONED R-1 THAT ARE ZONED RESIDENTIAL BUT ACTUALLY ARE NON RESIDENTIAL USES SO SAY OF PARKS AND REC OR SAY THE FIRE DEPARTMENT WANTED TO COMMISSION A MURAL ON THE SIDE OF THEIR FIRE STATION IF YOU WILL IT TO COMMERCIAL DISTRICTS ONLY THEN THEY WOULDN'T BE ABLE TO DO THAT. THE OTHER THING IS I DON'T KNOW IF I SHOULD SAY THIS PART OUT BUT PEOPLE CAN PAINT THEIR HOMES HOW THEY WANT TO N THE'S N RESICTION AGAINST THAT AND AS KEVINAS MENTIONED, THE CITY WOULD NOT BE IN A WOULD BE IN A LIMITED POSITION TO REGULATE CONTENT SO YOU CAN PAINT LOW DENSITY OR YOU SINGLE FAMILY HOMES ALREADY CURRENTLY. SO WE'RE NOT PROPOSING A LOCATIONAL RESTRICTION. WE THINK MURALS CAN BE WELL DONE AND MANY DIFFERENT SETTINGS I SHOULD NOTE SOME CITIES DO TAKE THAT APPROACH THEY LIMIT THEM TO DOWNTOWN COMMERCIAL DISTRICTS OR OTHER MORE LIMITED AREAS. BUT WE JUST DIDN'T THINK WITH THE WAY THAT OUR ZONING REGIME IS SET UP THAT IT WAS THE BEST FI FOR BLOOMINGTON. THANK YOU. I APPRECIATE THAT RESPONSE BECAUSE I WAS TRYING TO LIKE FIGURE OUT WHAT THAT WOULD LOOK LIKE. BUT IF I AM REQUIRED TO GET A PERMIT TO INSTALL A MURAL AND I CAN DO IT IN A NON VISIBLE WALL LIKE IT'S NOT VISIBLE FROM THE STREET LEVEL THEN IS THERE I GUESS EVERY ARTIST CAN EXPRESS THEIR OR HOWEVER THEY LIKE IS IT FOR THE PUBLIC OR IS IT FOR THEMSELVES TO PUT IT OUT THERE, USE IT AS A PRIVATE VISUAL ENJOYMENT OF OF THE PROPERTY OWNERR NOT? BUT I GUESS WHAT I'M TRYING STRUGGLING HERE WITH IS MY EXPERIENCE OF MURALS ARE LIKE ON A PUBLICLY INVISIBLE SITES IF I'M REQUIRED TO GET A PERMIT. LIKE HOW WOULD YOU ENFORCE ILLEGALLY INSTALLED MURALS ON A NON-VISIBLE WALL WHETHER IT IS WHATEVER DISTRICT OR WHATEVER PROPERTY USE IT MAY BE? BUT HOW WOULD YOU ENFORCE SOMETHING THAT IS NOT REQUIRED TO BE ON JUST PRIMARY? I D'T KNOWF CAN ARTICULATE THIS CORRECTLY BUT . I THINK I UNDERSTAND THE QUESTION OR NOT ALLEY ACCESS OR. MM HMM. I DON'T KNOW. YEAH. CHAIR COMMISSIONER ABDI I MEAN IT WOULD DEPEND ON IF THERE IF THE BUILDING IS HAPPENS TO BE IN A ZONING DISTRICT THAT COATINGS IS MORE STRICTLY REGULATED OR PROHIBITED BUT SIMILAR TO OTHER BUILDINGS PAINTED IN BLOOMINGTON OR ANY ANY ZONING CODE VIOLATION FOR THAT MATTER. YOU KNOW THOSE ISSUES GET ADDRESSED THROUGH A ENFORCEMENT PROCESS TYPICALLY AND THE GOAL IS ALWAYS TO TRY AND GET THEM TO CONFORMANCE. SO IF A MURAL WAS INSTALLED WITHOUT MURAL PERMIT HOPEFULLY THAT WAS IT WAS DONE SO IN A WAY IT COULD BE CONSISTENT WITH CODE AND MAYBE RETROACTIVELY WOULD GO THROUGH A PERMIT PROCESS TO RESOLVE THAT KIND OF ENFORCEMENT ISSUE. BUT I MEAN IT'S VERY SIMILAR TO MANY OTHER THINGS THAT WE DEAL WITH IN TERMS OF VIOLATIONS OF THE ZONING. IT'S A TYPICAL ENFORCEMENT PROCESS. YEAH. AND WHETHER IT'S PUBLIC FACING OR NOT, IF YOU INSTITUTE MURAL PERMIT PROCESS IT'S NOT AS IF IT'S ONLY APPLICABLE TO PUBLIC FACING BUILDING ELEVATIONS. IT WOULD BE APPLICABLE TO ALL BUILDING ELEVATIONS. THANK YOU. I GOING BACK TO WHAT COMMISSIONER GO THROUGH SAID I THINK I WOULD CONCUR HIM ON NOT FOCUSING ON A 50% I THINK IT'D JUST BE REALLY HARD TO VISUALIZE SOME OF THE ORIGINAL IMAGES SHOWED WAS LIKE AN ENTIRE WALL IMAGINE ONLY 50% OF THAT IT JUST ALL LIKE YEAH SO YEAH. CHAIR MR. ABDI THAT'S ACTUALLY A GOOD CLARIFICATION TO IS THAT THE PROPOSED 5% APPLIES TO BUILDINGS ONLY NOT SOME OF THE OTHER MURALS IMPLEMENTED CURRENTLY HAVE BEEN APPLIED TO SCREEN WALLS OR OTHER STRUCTURES THAT ARE NOT BUILDINGS WHERE THE COATING RESTRICTION DOES NOT CURRENTLY APPLY. THANK YOU FOR THE CONVERSATION. SORRY. ONE LAST QUESTION IF A MURAL WAS INSTALLED, WHOEVER IS INSTALLING IT OR THE PROPERTY AND GETS A PERMIT IS ISSUED BECAUSE THERE IS NOT A PUBLIC HEARING OR AT THE TIME IT IS APPROVED AND IT IS ADMINISTRATIVE. IT GETS INSTALLED AND THE NEIGHBOR HATES IT. IS THERE AN APPEAL PROCESS TO TAKE IT DOWN? CHAIR COMMISSIONER I'D BE AS OFFENSIVE OR WHATEVER THE STANDARDS WERE. YEAH ABSOLUTELY. CHAIR COMMISSIONER ASSUMING SO IT WENT THROUGH THE PROCESS, IT WAS APPROVED AS IT'S CURRENTLY CONSTRUCTED. NO THERE WOULD NOT BE AN APPEAL PROCESS RESERVED FOR THE GENERAL PUBLIC AND THE REASON FOR THAT IS THAT AS WE'VE BEEN DISCUSSING ABOUT EXPRESSION AND CONTENT THAT THE CITY IS IN NO LEGAL STANDING TO REGULATE CONTENT BUT FOR THOSE VERY NARROW TESTS THAT HAVE BEEN PROTECTED BY THE SUPREME COURT OR DESIGNATED AS NOT VIOLATIONS OF THE FIRST AMENDMENT AND SO ON IF IT IF THAT WAS THE CASE, THEN STAFF WOULD BE IN A POSITION TO DENY THAT MURAL PERMIT FROM THE OUTSET IF IT WAS VIOLATING THOSE THINGS THAT I TALKED ABOUT. MR.. ALBRECHT THANK YOU, CHAIR. I HAVE A COUPLE MORE QUESTIONS AND THEY'RE VERY SPECIFIC TO ONE PJECTHAT WE APPROVED WHICH IS THE SUBARU DEALERSHIP IT'S THE SUBARU DEALERSHIP HAS ART MURAL WHATEVER HAPPENS TO BE ON THE SIDE OF THE BUILDING BUT COULDN'T HAVE THE SUBARU LOW I REMEMBER WE COULDN'T HAVE THE SUBARU IN THE PICTURE . IT HAD TO BE JUST DOGS AND CANOES OR WHATEVER HAPPENED TO BE I MEAN WE'VE SEEN THAT AND THEY'VE CHANGED. SO MY TWO QUESTIONS ARE CLARIFYING THE SUBARU WOULD NOW B ABL TO PUT THEIR LOGO AT 10% OF THE TOTAL AREA OF THAT MURAL AND IS THERE SOME LEVEL OF PERMANENCY THAT IS REQUIRED FOR THE MURAL BECAUSE IN THAT CASE IT'S COULD BE DEEMED AS ART PHOTOGRAPHY WHATEVER IT HAPPENS TO BE. UM, BUT IT CHANGES OVER A PERIOD OF TIME AND IT'S MORE OF AN APP AND YOU SAID IT'S NOT JUST A PAINTT COULD BE AN APPLICATION OR A SO THOSE ARE GOOD QUESTIONS ABOUT THE DEALERSHIP YEAH. CHAIR COMMISSIONER ALBRECHT SO THOSE ARE PRINTED PANELS THAT WERE ACTUALLY MOUNTED ON THE BUILDING AND GOOD QUESTIONS, GOOD CLARIFICATIONS ASSUMING THAT THE AND THEY ACTUALLY PURSUED A PRIVATELY INITIATED CITY CODE AMENDMENT TO ALLOW FOR SIGNS AS PART OF MURALS STRICTLY IN THE MOTOR VEHICLE SIGNAGE FOR MOTOR VEHICLE SALES FACILITIES WE HAVE SPECIAL USE SIGNAGE IN THE SIGN CODE AND RIGHT NOW YOU CAN HAVE SIGNS INCORPORATED NURAL IN THAT INDIVIDUAL USE THAT DOESN'T MAKE ANY SENSE TO STAFF YOU'RE EITHER YOU EITHER SHOULD ALLOW SIGNAGE TO BE INCORPORATED NUMERALS ARE FOR EVERYONE OR FOR NO ONE FROM STAFF'S PERSPECTIVE. SO THEY DID PURSUE THAT. THAT WAS THEIR RIGHT TO DO THAT AND THAT'S TOTALLY FINE THE THEY WOULD BE ALLOWED TO DO THAT ASSUMING THEY MET THE 10% BUT ALSO THAT AS CHAIR ROHMAN TALKED ABOUT THEY'RE ALSO SUBJECT TO MAXIMUM SIGN AREA REQUIREMENTS IN THE SIGN ORDINANCE. SO THEY WOULD HAVE TO BE MEETING BOTH TESTS NOT ONLY WOULD ANY SIGNAGE ARE BEING INCORPORATED YOU KNOW THEIR TRADEMARK LOGO OR A VERY OBVIOUS VEHICLE WITH THEIR ON IT NOT ONLY WOULD THEY HAVE TO MEET THE 10% THEY'D HAVE TO NOT EXCEED THEIR MAXIMUM SIGNAGE ALLOWANCE WHICH THEY ALREADY HAVE A VERY LARGE WALL SIGN ALSO ON THE SIDE OF THEIR BUILDING WHICH CAN YOU KNOW, TEND TO CONSUME A LOT OF THEIR SIGN ALLOTMENT. SO ASSUMING THEY'RE PASSING ALL THOSE TESTS. YES. BUT I WILL JUST TELL YOU THAT KEVIN AND ALEJANDRO I AND GLEN TO I MEAN WE CAN HAVE VERY LENGY DISCUSSIONS ABOUT WHAT CONSTITUTES SIGNAGE AS PART OF A MURAL. IT'S NOT AN EASIER STRAIGHTFORWARD THING. YEAH. HOPEFULLY I ANSWERED YOUR QUESTION THERE BUT THEY DID PURSUE A CODE AMENDMENT TO ALLOW THAT PRIVATELY AND SO IS THERE SORRY IS THERE A REQUIREMENT TO A REQUIREMENT AROUND PERMANENCY? YES. I'M SORRY SO AND I WILL I WELCOME ALEJANDRO TO WEIGH IN TO ON THIS QUESTION BUT ALSO ON THE 100% SHE MHT OR ON THE 50% SHE MIGHT YOU KNOW IT MIGHT BE GOOD TO GET HER PERSPECTIVE ABOUT THE MAXIMUM AREA RESTRICTION BUT ON THE PERMANENCY ALEJANDRO STOP ME IF YOU THINK THIS IS INCORRECT BUT BASICALLY THE MURAL PERMIT APPROVAL WOULD ESTABLISH WHAT THE LIFESPAN OF THE MURAL IS, WHAT THE INTENDED LIFESPAN IS AND WHAT THE PLAN IS TO REMEDIATE THE MURAL UPON KIND OF OR DECOMMISSION THE MURAL IF THAT MAKES SENSE. SO AS PART OF THE MAINTENANCE PLAN YOU WOULD BE IDENTIFYING OKAY THIS IS TEN YEAR MURAL BASED ON THE SURFACE PREPARATION AND THE MATERIALS THAT YOU'RE USING TO INSTALL IT. THAT'S KIND OF THE WARRANTY LIFE FOR LACK OF A BETTER TERM THAT THE APPROVAL WOULD GRANT FOR THAT. SO THERE'S NO MINIMUM IF THERE WERE LIKE THIS IS A FIVE DAY MURAL, COULD THEY DO THAT? UM, WE'RE NOT CONSIDERING A MINIMUM. NO. YEAH, TRYING TO GET MY HEAD AROUND AND THIS IS SOMETHING FASCINATING ACTUALLY THIS WAS A WHEN WE AT THE NATIONAL PLANNG CONRENC IN PHILADELPHIA THERE WAS A PUBLIC ART WORKSHOP THAT I PARTICIPATED IN AND PHILADELPHIA IS LIKE THE KING QUEEN OR THE THE THE WORLD HEADQUARTERS OF MURALS I GUESS OR SOMETHING. IT'S IT'S THEY'RE KNOWN FOR THAT AND WE TOURED A NUMBER OF INTERESTING THINGS AND WHAT THEY TALKED ABOUT IT THIS IS WHERE THIS QUESTION IS COMING UP FOR ME IT WAS THAT I DON'T WANT TO SAY IT WAS ALL BUT I FEEL LIKE IT'S ALMOST ALL NEW MURALS THAT ARE GOING UP IN THE CITY ARE ACTUALLY THEY'RE THEY'RE DEVELOPED OFF THE BUILDING AND THEY ARE YEAH. IT'S NOT WHAT IT IS BUT IT'S LIKE HEAT THERMAL TRANSFERRED WHATEVER IT IS SO THAT WHEN IT COMES DOWN WHAT WAS THERE THE BUILDING THE BRICK THE WHATEVER IT IS IS IS UN UNSCATHED IF YOU WILL AND WHAT I'M TRYING TO GET MY HEAD AROUND YOU'RE TALKING ABOUT LET'S SAY THE TEN YEAR LIFE AND YOU KNOW UNLESS WE HAVE PERFORMANCE STANDARDS AROUND THIS IS THE ONLY KIND OF PAINT YOU CAN USE. HOW DO WE HOW ARE WE NOT LEFT WITH A BUILDING THAT'S BEEN PAINTED THAT IS WORSE THAN IF WE'D DONE NOTHING AND SO I WANT TO SUPPORT THE WHAT WE'RE GOING OUT HERE BUT I'M NDERG IF IF HOW DO WE DO THAT OR IS THERE A DIFFERENT WAY WE SHOULD THINK ABOUT YOU MENTIONED THAT YOU KNOW THE THE TECHNOLOGY IF YOU WILL OR THE YOU KNOW THAT AND I SAY TECHNOLOGY BROADLY AROUND MURAL APPLICATION IS CHANGING RAPIDLY. SO THAT'S WHAT I'M TRYING TO GET AT. IT GOES BACK TO OUR LONGSTANDING DISCUSSION ABOUT COATING BUILDINGS AND BRICK AND ALL THAT KIND OF THING AND SO THAT'S WHERE FOR ME IS HOW DO WE HOW DO WE NOT HAVE SOMETHING IN TEN OR 15 YEARS THAT'S WORSE THAN IF WE'D LEFT IT? SO I DON'T HAVE AN ANSWERO THAT QUESTION ABOUT IT SINCE WE'RE A CITY PHASE. YEAH. YOU KNOW AGAIN AND SO IF IT IS THAT YOU KNOW YOU HAVE MURALS CAN BE DESIGNED BUT THEY HAVE TO BE ON CERTAIN SURFACES THEY WOULD HAVE TO BE APPLIED IN A CERTAIN WAY MAYBE I DON'T KNOW BUT THAT WAS IT WAS IT WAS A THING THAT I WOULD HAVE THOUGHT BECAUSE WE SAW SOME BUILDINGS WHERE YOU WOULD THINK THAT THIS WAS DONE WITH PAINT AND IT WAS CLEARLY AND THEN THAT GAVE THEM THE ABILITY TO REPLACE IT IF IT WAS GRAFFITIED OR WAS RUINED YOU COULD JUST REAPPLY IT. IT WAS FASCINATING TECHNOLOGY . THANK YOU. THE MAINTENANCE QUESTION OF HAD ME THINKING IF THERE IS A WHO'S ON THE HOOK FOR MAINTENANCE RESPONSIBILITIES IF THE OR THE BUSINESS OR THE PROPERTY OWNER CHANGES WITHIN THAT TIMELINE THAT THEY YOU HAD APPROVED FOR LIKE IS THE NEW OWNER OR THE NEW BUSINESS ON THE HOOK FOR MAINTAINING THAT OR IS THE CITY GOINGO COME IN IT'S NOT MAINTAIN PAINT OVER IT OR WHAT DOES THAT LOOK LIKE? YEAH SURE COMMISSIONER I WOULD BE THE PROPERTY OWNER THERE THEIR SIGNATURE THEIR PARTY TO THE APPLICATION AND IT DOES RUN WITH THE LAND SO. MY VIEW WOULD BE THAT IT THE PROPERTY OWNER IS RESPOIBLE FOR THE ONE THING I'LL SAY TO YOUR COMMENT CHAIRMAN IS THAT THERE IS A AND AGAIN THIS IS ANOTHER AREA WHERE ALEJANDRO CAN PROVIDE A LOT MORE EXPERTIZE THAN I CAN BUT THERE IS A VERY WIDE RANGE OF COST TO THESE DIFFERENT TYPES OF MURAL APPLICATION OR INSTALLATION. AND SO ONE OF THE THINGS ABOUT MAYBE THE 100% I HAVEN'T SEEN A LOT OF BUILDINGS THAT ARE 100% A FULL MURAL BECAUSE IT'S SO COSTLY TO INSTALL THAT MUCH MURAL. ONE OF THE REASONS ALEJANDRO MIGHT HAVE SEEN THAT BUT I THINK THE BIG I DON'T WANT TO SPEAK FOR BUT BIG IMPORTANT PIECE ON HER END OF THINGS WAS NOT TO LIMIT INDIVIDUAL WALL ELEVATIONS AND I THINK THE 50% IS PROVIDES QUITE A BIT OF CAMP FOR CANVAS FOR LACK OF A BETTER TERM TO WORK WITH. BUT I MEAN CERTAINLY SOMETHING COULD BE WE REVISIT OR I MEAN IT'S A POLICY DECISION. THE LAST THING I'LL SAY FROM THE PLANNING STAFF SIDE IS THAT CAN CONTINUE IN TO MAINTAIN A COATINGS RESTRICTION WHILE YOU'RE ALLOWING 100% OF A BUILDING TO BE A PAINTED MAL, IT COINUE TO MOVE THAT POLICY THE COATINGS RESTRICTION TO A MORE TENUOUS POSITION IS WHAT I WOULD SAY MR. VICTOR MR. CHAIR THANKS. WE HAVE A ARTICLE IN THE CODE AND I CAN'T RECITED EXACTLY ABOUT IN A PLANNED DEVELOPMENT IF YOU PUT IN NEW STRUCTURE IT HAS TO LOOK LIKE OTHER BUILDINGS IN THE PLAN DEVELOPMENT. HOW DOES THIS AFFECT THAT? YEAH I DON'T I CAN PULL UP THE CHAI MR.IRKLAND. I CAN PULL UP THE SPECIFIC LANGUAGE. I THINK IT TALKS ABOUT ARCHITECTURAL CONTINUITY HERE COMPLIMENTARY. I BELIEVE ME, I PULL IT UP SPECIFICALLY BUT WHAT WHAT WHAT WE'RE REALLY LOOKING THAT WITH RESPECT TO THAT IS THE PALETTE OF MATERIALS SO THEY'RE BUILDING A NEW BUILDING IS IT BRICK WALL THE ALL OTHER SHOPPING CENTER THE MOST RECENT EXAMPLE THIS TO ME MAYBE THERE'S BEEN OTHERS SINCE THEN BUT WAS THE BANK OF AMERICA ON WEST 98TH STREET TO MATCH OXBURGH? SO WHAT WE WERE REALLYOOKING ATN TH REVIEW WAS THE PALETTE OF MATERIALS NOT DOWN TO THE PRESCRIPTIVE COLOR NECESSARILY SO THE PALETTE OF MATERIALS SO THEY COULD STILL APPLY A MURAL ON PALETTE OF MATERIALS AND THAT WOULDN'T I AS A STAFF PERSON WOULD NOT VIEW THAT AS BEING ARCHITECTURALLY INCONSISTENT RIGHT? MR. HARVEY THANK YOU, CHAIR. FOR A PERSON WHO IS NOT ARTISTICALLY EQUIPPED I THINK FOR A NEXT PRESENTATION I WOULD LOVE TO SEE KNOW I'M A LITTLE BIT MENTALLY STUCK ON A WHAT A GRAFFITI WOULD LOOK LIKE THAT COULD PASS FOR A MURAL VERSUS WHAT A MURAL IS. I GUESS THEY'RE GRAFFITI WORDS THAT COULD BE SPRAY PAINTED ON A WALL BUT THEY ARE ALSO ARTISTICALLY BEAUTIFUL. PARTS OF GRAFFITI ARE NOT CONSIDERED MURAL OR LIKE I THINK JUST LIKE A BORDERLINE OF YOU KNOW WHAT IS OR WHAT IS NOT POTENTIAL MURAL USING THE WORD GRAFFITI I KNOW HERE SAYS GRAFFITI IS PROHIBITED I THINK IN THE REPORT IN THE DEFINITION IT MENTIONS IN UNDER THE DEFINITION OF MURAL IT SAYS A MURAL IS A SEPARATE AND DISTINCT FROM A GRAFFITI WHICH IS DEFINED ELSEWHERE IN 12.7 OF THIS CODE I COULDN'T FIND THE 12.7 OF THIS CODE . MAYBE I JUST WAS SCROLLING TOO FAST BUT EVEN THEN I FEEL LIKE AS DOING ENGAGEMENT OR COMING DIFFERENT BODIES WHO ARE NOT ARTISTICALLY EQUIPPED LIKE I AM I THINK JUST VISUALLY DEMONSTRATING WHAT THE IS TRYING TO AVOID YOU KNOW WORDS THROWN IN A WALL THAT'S IN GRAFFITI AND THAT SHOULD BE TAKEN DOWN VERSUS TRY AND GET A PERMIT. SO I GUESS JUST TRYING TO FIGURE OUT WHAT THAT LOOKS LIKE FOR FUTURE PRESENTATIONS I THINK AS A SAMPLE IF IT DOES COME UP IF THERE IS AN INTEREST FROM THE COMMISSIONS OR THE COUNCIL, I THINK THAT WOULD BE REALLY HELPFUL ESPECIALLY IF THE QUESTIONS ABOUT WHAT A GRAFFITI. OH THERE YOU GO. WHAT A GRAFFITI SOUND CYCLE LOOKS. YEAH, THAT'S MY CHAIR. COMMISSIONER ABDI, THIS MIGHT BE A LITTLE BIT SMALL TEXT BUT WHAT I WOULD I GUESS FOR THE PURPOSES OF WHAT THE THE CITY CODE AND THE PUBLIC POLICY CONSIDERATIONS IT'S NOT WHAT IT LOOKS LIKE. IT'S WHETHER OR NOT IT HAS PROPERTY OWNER CONSENT. YEAH SO THE CITY CODE DEFINES GRAFFITI AS NOT HAVING THE CONSENT OF THE PROPERTY OWNER SO IN A WAY THAT THE PROPERTY OWNER DID NOT CONSENT TO THAT THERE IS ALSO A PROVISION ABOUT KIND OF DEEMED A PUBLIC NUISANCE BY THE MANAGER OF ENVIRONMENTAL HEALTH BUT FROM THE NINE TIME 99 TIMES OUT OF 100 MAYBE NOT THAT HIGH BUT IT'S GOING TO BE THE FACTOR OF T HAVING PROPERTY OWNER CONSENT. IT'S NOT WHAT IT LOOKS LIKE IN THE TRADITIONAL SENSE IN YOUR MIND OF OH THAT'S BEAUTIFUL ART THAT IS LIKE IN THE STYLE OF GRAFFITI OR ART AS GRAFFITI AS AN ART FORM. YEAH DON'T THINK ABOUT THAT. THINK ABOUT THE FACTOR OF NOT HAVING PROPERTY OWNER CONSENT . I THINK THAT'S WHY IT'S DIFFERENTIATED. NO, I APPRECIATE THAT. I THINK WAS REALLY HELPFUL. HOPEFULLY ANYBODY WATCHING THIS OR FUTURE ARTIST TRYING GO OUT, CREATE ART, GO THROUGH THE RIGHT PROCESS BUT ALSO I THINK THIS DEFINITION OF A HOW YOU JUST DESCRIBE THE DISTINCTION IN WAS REALLY HELPFUL UM YEAH I'LL JUST LEAVE IT AT THA AND MAYBE ADDING SOME PICTURES FOR US IN THE FUTURE. SURE. THANKS. I THINK OTHER FEEDBACK FOR STAFF COMMISSIONER GLEN MR. CHAIRMAN, I'M SORRY TO ASK BUT I'M SO HUNG UP ON THE HUNDRED PERCENT THING AND I WAS JUST CURIOUS IF THE COMMISSIONERS HAD ANY OTHER THOUGHTS ON THEM. THEY DON'T HAVE TO BUT JUST ASKING I WOULD SAY GIVEN WHAT WE HEARD ABOUT THE GENERAL COATINGS RESTRICTION I WOULD BE MORE IN FAVOR OF A CRAWL WALK RUN APPROACH TO THIS MURAL SO I WLD BE WITH THE 50 AS A STARTING POINT BUT MAYBE THAT WE MAY FIND THAT THAT'S TOO RESTRICTIVE BUT WITHOUT WANTING TO OPEN THE FLOODGATES AND EVERYTHING RIGHT NOW I WOULD I WOULD LEAN TOWARD FOLLOWING STAFF ON THAT ONE PERSONALLY. HELLO COMMISSIONERS. NICK I'M SORRY. I JUST WANTED TO IN AND MAKE SURE I ANSWER ANY QUESTIONS NICK MIGHT HAVE RAISED. THIS IS AN INDIRECT LINK THE DIRECTOR OF CREATIVE PLACEMAKING AND I JUST LIKE A COUPLE OF THE QUESTIONS I JUST WASN'T SURE IF THE GREATEST TIME TO POP IN BUT IN TERMS OF THE APPLICATION OF OF POLY TAB IS WHAT IT'S CALLED TECHNICALLY AND WE ACTUALLY HAVE IT ALREADY INSTALLED AT THE LAKE PARK MAL FING LAKE PARK SEASON SO BECOMING A GOOD SPACE MIRROR AS THEY USE POLY TAP METHOD. SO THAT'S GOING TO BE A GOOD EXAMPLE IN THE FUTURE FOR US TO. LOOK AT WHAT THAT APPLICATION OF IT'S BASICALLY A HIGH TECH CANVAS CLOTH THAT THEY ADHERE TO THE WALL AND IN TERMS OF THE DURATION OF MURALS IT REALLY GREATLY VARIES IN TERMS OF THE WALL CONDITION THE PAINT USED AND THE MAINTENANCE AND SO THAT CAN VARY ANYWHERE FROM A COUPLE OF YEARS TO OVER 20 YEARS OR MORE. SO THERE'S A LOT OF VARIABILITY AMONG THAT AND THEN YEAH I GUESS JUST IN TERMS OF THE 100% I CERTAINLY WANT TO ADD HERE AND RESPECT PLANNING COMMISSIONS CONCERNS BUT BEING PART OF THE CREATIVE COMMUNITY AND UNDERSTANDING THE LARGE REALLY BENEFICIAL IMPACT THAT ALLOWING FOR AN ENTIRE BUILDING TO CREATE A MUR WOULD BE A REALLY HUGE IMPACT . BUT THAT BEING SAID, I UNDERSTAND SOME OF THE CONCERNS THAT ARE RAISED BY STAFF AND THE COMMISSIONERS. YEAH, THANK YOU CHAIR CAN YOU VARY THE STANDARDS LISTED? CAN AN APPLICANT SAY EVEN THOUGH THE PERMIT WOULD BE ADMINISTRATIVE? CAN YOU BECAUSE I DON'T IF THE ZONING CODE ALLOWS FOR I GUESS THAT'S NOT IT. YEAH. CHAIR COMMISSIONER ABDI NO WHAT IF WHATEVER STANDARDS YOU ADAPT IN THE CITY CODE THOSE ARE THE STANDARDS THAT STAFF WOULD HAVE TO ADHERE TO YOU HAVE TO APPROVE ANYTHING ADMINISTRATIVELY ANYTHING. MARK . MR.. ALBRECHT BACK TO COMSSIOR OKED IQUESTION REGARDING THE TO 50% I HAVE NO OPINION. OKAY. ALL RIGHT. I THINK IS THERE DID YOU GET WHAT YOU NEEDED FROM US? YES. I MEAN I HAVE CHAIR COMMISSIONERS I THINK I GENERALLY FEEL HEAD NODDING THAT WE'RE ON THE RIGHT TRACK OR THAT THIS IS A POLICY THAT SHOULD BE PURSUED AND CAN BE SUPPORTED. SO IF THAT'S THE CASE, WE'LL BRING IT BACK TO CREATE A PLACEMENT COMMISSION AND THEN WE'LL PROCEED TO SCHEDULING SOME PUBLIC HEARINGS. YOU KNOW, AND AGAIN I WOULD ACTUALLY BUILDING ON WHAT COMMISSIONER ABDI HAD SOME SUGGESTIONS ABOUT WHAT TO DO NEXT TIME I WOULD I WOULD SPEND SOME TIME WITH SOMETHING WHETHER IT'S IN THE PACKET OR IN THE PRESENTATION ABOUT WHAT HAPPENS WHEN DONE AND HOW DO YOU MAKE SURE IT'S RESTORED TO SOMETHING THAT WAS NOT WORSE THAN ORIGINAL. THANKS FOR THAT FEEDBACK. YEAH GOOD. THANK YOU. I AM SIX IS A ROUTINE POLICY AND ISSUE UPDATE START WITH THE PLANNING MANAGER ON THAT. I'M SURE GERMAN COMMISSIONERS OUR NEXT MEETING WOULD BE JULY 13TH SO HOWEVER WE HAD NO APPLICATIONS FOR THAT MEETING AND GIVEN THAT NOTHING WAS CONTINUED TO THAT MEETING TONIGHT WE WILL BE ABLE TO CANCEL JULY 13TH. SO THEN OUR NEXT MEETING AFTER THAT JULY 20TH WE JUST HAVE ONE ITEM THE NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN AND THAT AGENDA AND THEN I ALSO WANT TO RECOGNIZE COMMISSIONER ABDI'S LAST MEETING AS TONIGHT AND I WANT TO THANK HER FOR THREE YEARS OF EXCELLENT SERVICE AND A LOT INSIGHTFUL COMMENTS AND QUESTIONS AND WE DEFINITELY HOPE THAT YOU APPLY AGAIN IN THE FUTURE IF YOU'RE SCHEDULE PERMITS THAT. SO THANK YOU SO STILL MY ITEM NO THANK YOU VERY MUCH FOR YOUR TIME AND YOUR TALENTS AND SHARING THAT AND MAKING THE CITY A BETTER PLACE. ANY OTHER ITEMS FOR THE GOOD OF THE ORDER? ALL RIGHT. WITH THAT WE ARE ADJOURNED UNTIL JULY 20TH